Trump Organization Seeks Trademark for ‘Trump TV’
The private company of President Donald Trump has filed for a federal trademark for “TRUMP TV,” days after the White House introduced a streaming channel under the same name. The application, if successful, could impact the White House’s use of the channel name and might necessitate a licensing agreement with the Trump Organization.
The U.S. Patent and Trademark Office (USPTO) records show the application was submitted by DTTM Operations LLC on September 24. This entity handles trademarks related to the Trump brand. Trademark attorney Josh Gerben highlighted the unique nature of the filing, noting it might be a first in U.S. history.
The application aims to protect “TRUMP TV” across broadcasting, streaming services, mobile apps, and news programming, covering politics, business, and international news.
This trademark filing is part of a larger conflict between the White House and major media outlets. Recently, the administration barred several reporters, prompting legal challenges and changes to the White House press corps arrangements. “TRUMP TV: The Essentials Station,” launched soon after. It’s a channel focusing on presidential activities and administration content.
DTTM Operations LLC seeks rights across various mediums, including downloadable software, internet streaming, and television broadcasting. The filing covers services delivered through TV, websites, mobile applications, and digital networks. It includes streaming software for smartphones and smart TVs, online news programming, and programming about politics and public affairs.
Legal Implications
A significant aspect is that the applicant is not the federal government. The trademark application lists DTTM Operations LLC as the owner, showcasing the Trump Organization’s intention to hold intellectual property rights over the name.
According to Gerben, a licensing agreement between the Trump Organization and the government is necessary for federal use of “TRUMP TV.” Without a formal agreement, there’s a risk of a ‘naked license,’ which could invalidate the trademark claim.
Trademark Timing and Launch
The sequencing of events suggests a swift creation for “Trump TV.” The White House officially launched the channel on September 21, while the trademark application was filed three days later. Companies typically apply for trademarks before unveiling new products to secure rights proactively.
“The timing of the trademark application suggests haste in creating ‘Trump TV,'” Gerben noted.
The application indicates a post-launch filing, possibly due to an awareness of the channel’s ongoing use and need for trademark protection.
Public and Political Reaction
Amid an evolving communication strategy, the trademark filing has sparked debate. Following media access restrictions, a judge temporarily lifted the ban, allowing barred outlets back while the legal challenges continue. Critics, including Democrats, have voiced concerns, labeling “Trump TV” as state-controlled media. U.S. politicians, both opposing and supporting Trump, have expressed reservations about the channel’s implications.
The filing indicates Trump’s personal consent for the trademark. Federal law prohibits registering trademarks that identify individuals without their consent, and Trump’s approval confirms his company’s pursuit of trademark ownership.
Next Steps in the Process
The USPTO will now examine the application, a process expected to take several months. Gerben emphasized the independence of the trademark examination, which, despite presidential appointments to the USPTO, is conducted separately by a designated examining attorney.
While USPTO examinations follow procedural norms, trademark licensing often requires considerations or value exchanges. There’s a potential benefit to the Trump Organization from the White House’s usage of the trademark.
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