By: Rolland Hampton
President Donald Trump’s legal team has moved to trademark the slogan “Keep America Great!” — a phrase he recently said would be part of his 2020 re-election campaign. The trademark application was filed with the U.S. Patent and Trademark Office on Jan. 18, just two days before Mr. Trump was officially sworn in as president. The application indicates that the phrase could be used for T-shirts, tank tops, “baby clothing, namely, one piece garments,” and “printed publications, namely, pamphlets providing information regarding Donald J. Trump as a political candidate.” Mr. Trump’s chief 2016 campaign slogan was “Make America Great Again.” He applied and was granted this trademark shortly after the 2012 election.
Donald Trump’s legal team appears to have succeeded in jumping a major hurdle. Slogans and catch phrases can be registered for protection with the U.S. Patent and Trademark Office. However, those of political significance or common use are rejected. Black Lives Matter for example was rejected for its common use “in rallies dedicated to raising awareness of civil rights, protesting violence and conveying the message of support for the same.” While it is not far-fetched to argue that Make America Great Again is of similar political significance the USPTO has nonetheless extended a trademark to Donald Trump’s team and will likely do so again. If one should want the same the same success in a trademark it is important to keep a few things in mind. In order to be successful in your attempts to register a slogan, it must have a secondary meaning and must serve as a source identifier for a particular good or service. Secondary meaning refers to the idea that your slogan would cause someone to think of a particular good or service. Slogans that are merely informational or political are not likely to be granted trademark protection.
Link : http://www.politico.com/blogs/on-media/2017/01/trump-trademark-keep-america-great-234110