TTAB Upholds Four Section 2(c) Refusals of Anti-Trump Marks Due to Lack of Consent

In the wake of last year's TRUMP TOO SMALL Supreme Court decision [TTABlogged here], the Board unsurprisingly affirmed Section 2(c) refusals of the following marks, due to lack of consent from Donald J. Trump: MAKE AMERICA GREAT AGAIN DUMP TRUMP! 2020 for clothing, the same mark for facial masks, DUMP TRUMP AND LOCK HIM UP and INDICT THE TRUMP ORGANIZATION, both for blogs featuring information about Donald Trump. Applicant Matthew A. Handal, who filed an amicus brief in the TRUMP TO SMALL case, had asked for Trump's consent, without success. In re Matthew A. Handal, Serial Nos. 88931066, 88936129, 90340590, 90340613 (February 10, 2025) [not precedential] (Opinion by Judge Christopher C. Larkin).

Applicant Handal's argument that Section 2(c) is unconstitutional was mooted when the Supreme Court's ruling in Vidal v. Elster came down. He conceded that Donald Trump is famous as a political figure and celebrity, and the Board found that the word "TRUMP" in the first three proposed marks refer to President Donald Trump, "a 'particular living individual' within the meaning of the names clause of Section 2(c), triggering the need to obtain his written consent to register those marks." [Trump was president when the applications were filed in 2020 - ed.].

As to the fourth mark, INDICT THE TRUMP ORGANIZATION, Handal contended that "Section 2(c) does not [apply] to corporations that have been named after individuals, or have individuals with [the] same name as owners or executives." The Board noted that Handal cited no authority for that proposition and the Board found none.

The names clause in Section 2(c) has been applied for more than 70 years to marks containing a name and other matter. *** We see no reason, based on the text of the names clause in Section 2(c) or otherwise, why Applicant’s proposed mark INDICT THE TRUMP ORGANIZATION, which includes a surname as part of the name of a juristic person, must be treated differently.

Handal next claimed that the word TRUMP in this proposed mark "refers to deceased persons, Elizabeth Christ Trump and Fred Trump," not Donald Trump. The Board pointed out, however, that this argument was belied by Handal's own conduct and evidence. The recitation of services specifically refers to Donald Trump, and Handal's request for written consent from Donald Trump was an admission "that the word TRUMP in the proposed mark INDICT THE TRUMP ORGANIZATION is the name of the particular living individual Donald Trump."

In addition, Handal submitted a Wikipedia entry captioned "The Trump Organization," which entry states: "The Trump Organization is a group of about 500 business entities of which Donald Trump is the sole or principal owner."

And so, the Board affirmed all four refusals.

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TTABlogger comment: WYHA? WYHAFC? [Would You Have Asked For Consent?]

Text Copyright John L. Welch 2025.