Political Trademarks: The Consent Requirement You Can’t Ignore

The presidential campaign is heating up, and so is the number of political trademark applications being filed. Recently, several trademark applications related to Kamala Harris and Donald Trump have been submitted, including:

• US Serial Number 98715217 (HOLLA FOR KAMALA & design) for “Imprinting messages on wearing apparel and mugs” in Class 40
• US Serial Number 98708596 (SEXY LIKE KAMALA & design) for various clothing in Class 25
• US Serial Number 98704270 (KAMALA MAKE AMERICA LAUGH AGAIN) for various clothing in Class 25
• US Serial Number 98706384 (GRUMPY TRUMPY) for bumper stickers in Class 16
• US Serial Number 98699147 (TRUMPY OLD MEN) for t-shirts in Class 25
• US Serial Number 98577716 (TRUMP CONVICTED FELON) for various clothing in Class 25

Not surprisingly, the candidates did not authorize these applications. So what will happen to them? The USPTO will issue letters called “Office Actions” in which they will reject the applications because Kamala Harris and Donald Trump did not provide permission. When a name in a mark identifies a particular living individual, the mark can only be registered with the written consent of the individual. You can CLICK HERE to see an example of one such Office Action.

This requirement doesn’t just apply to politicians. This applies to anyone. So if you’re thinking about filing a trademark application for RANDY MICHELS IS THE BEST for legal services, then you’ll need to get my written consent first.