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Do Not Try Attempt to ‘Trademark’ Covfefe

June 12th, 2017 Alexander No comments

On Wednesday, May 31st, at 12:06 a.m., President Donald Trump tweeted the following: “Despite the constant negative press covfefe”- and that was it. However, at 5:50 a.m., the tweet was deleted.

At 8:49 a.m., Kenneth L. Gallman applied at the USPTO to register “Covfefe Coffee” as a federal trademark, stating that he wants to use it to sell coffee.

Eight days after the tweet was posted, twenty-six “Covfefe” trademark applications had been filed. Some of these included clothing, beer, fragrance, and investment advice.

Trademark lawyers expected this to happen. These days, trending words from the news and pop culture are usually superseded by trademark applications. Three days after the Boston Marathon bombing, four applications had been filed for “Boston Strong.” Fifteen applications had been filed for “Nasty Woman”, the phrase Trump used to describe Hilary Clinton during a presidential debate, by the end of last year.

Mark H. Jaffe, a trademark attorney, stated that: “There’s this perception for certain people that this is somehow a money maker, this quote-unquote ‘trademarking it’. But that’s not exactly how it works.” The bulk of the rush-to-register applications are denied by the USPTO, resulting in a waste of time and money.

For more information see Law360.

Joanne Ludovici, a partner at McDermott Will & Emery LLP, said: “These types of trending phrase trademark filings are rarely productive uses of applicant resources because they rarely meet the requirements for federal registration.” In order to obtain a registration, the applicants must demonstrate a bona fide intent to use the term on a specific set of goods and services, which is something the majority of them lack. On top of this, the applicants must demonstrate that the term distinctively distinguishes the applicant as a source of goods.

An examiner stated that: “The public will not perceive the slogan as a trademark that identifies the source of applicant’s goods, but rather only as conveying an informational message: that the consumer or purchaser supports the ideas and messages conveyed by rallies and organizations dedicated to advancing women’s rights.”

For more information, see Law360.