Can You Register a Trademark Using the President's Name?

In the wake of the news last evening a wave of trademark applications will be filed by applicants seeking to register such phrases as "Obama killed Osama" and "Obama is the Greatest." Whenever newsworthy events occur surrounding the President of the United States - from an election to the direction of a military campaign - we see a swell of applications filed for by opportunistic people trying to lock up rights in a phrase or otherwise so that they may then sell t-shirts and other paraphernalia for profit.

So what's the problem with this concept? Typically their trademark applications will be refused under Section 2(c) of the Trademark Act of 1946. Section 2(c) bars the registration of a trademark that consists of or comprises (whether consisting solely of, or having incorporated in the mark) a name, portrait, or signature that identifies a particular living individual, or a deceased United States president during the life of his widow, except by the written consent of the individual or the president’s widow.

That is not to say these individuals will not be able to use their "catchy" slogan for profit. This blog entry makes no comment on the legality of such endeavor. It is merely to pass along that unless those trademark applicants have the express written consent of the President to register the trademark incorporating the President's name they may as well be throwing their trademark application money out the window. By the way - it is non-refundable.

So remember, unless you have the consent of the President to use his, and someday her, name in your trademark the U.S. Patent and Trademark Office will refuse to register your trademark no matter what the intent was behind the filing.

TheTrademarkCompany.com