Trump TV Trademark Could Impact Government Use

Trump Organization’s Trademark Application

President Donald Trump’s private company, through DTTM Operations LLC, has applied for a federal trademark for the name “TRUMP TV.” This action occurred three days after the White House launched a streaming channel under the same brand. The trademark seeks protection across several areas including television broadcasting, streaming services, mobile applications, and news programming. This application may lead to a need for a licensing agreement between the federal government and the Trump Organization if the White House continues to use the name.

Implications of the Filing

According to Josh Gerben, a trademark attorney, this scenario is unprecedented in U.S. history. The application indicates potential uses for politics, business, and international affairs content. The filing suggests ambitions beyond a simple communication channel, hinting at a broader media platform involving multiple technologies.

The Legal Angle

Currently, DTTM Operations LLC, which is associated with the Trump brand, is identified as the trademark owner. For the government to continue using the name “TRUMP TV,” a licensing deal with the Trump Organization would need to be established. Without this, any claim to the trademark might be invalidated.

Timing of the Application

The “TRUMP TV: The Essentials Station” launched on September 21, and the trademark application was filed on September 24. Gerben notes that this late application suggests the channel’s creation was hastily undertaken as typically trademarks are filed before product launches.

Response and Criticism

The move comes amid escalating tensions between the administration and major news organizations. Criticism has come from various quarters, with accusations of establishing “state-run media.” Democrats express concern over the channel as well as government-funded advertisements viewed as propaganda. There has also been internal opposition, with some Republicans criticizing the advertisement associated with the venture.

Future of the Trademark Application

The application is set to go through the USPTO examination process, which usually starts about five months after a filing. Although the USPTO is part of the executive branch, examinations are conducted independently. A randomly assigned examining attorney will review each application to ensure compliance with trademark standards.

While Gerben did not comment on constitutional matters, he mentioned that trademark licensing often involves mutual consideration. This scenario could create value for the Trump Organization through association with the Office of the President.