Trump Make America Great Again Trump Make America Great Again Sign
Even as Donald Trump stumps for votes and kisses babies on the trail of the Us presidential entrada, he'southward conspicuously still a businessman at centre. And that means leaving no nifty (and potentially valuable) slogan un-trademarked.
In July, just a few weeks after he announced he was seeking the Republican nomination, he obtained a trademark for the campaign slogan "Make America Great Again". Trump had practical for the mark all the fashion back in Nov 2012, immediately afterwards Mitt Romney lost the election to Barack Obama.
The registration covers election-related services such every bit "promoting public awareness of political issues". Yet, last August Trump filed another trademark application for the same slogan in connection with the right to put it on all manner of vesture from T-shirts to tank tops and hats.
Since the presidential candidate started wearing his red hat bearing the slogan, the product has become a must-accept amid his supporters. It can be bought in different colours for U.s.$25 on official Trump-related websites.
Trump's fans have, all the same, recently been offered alternative – and unauthorised – products. Replica versions of the hats bearing Trump's slogan are sold by many for as little as US$4.99. And the tycoon-turned-politician has non waited long to protect his trademark and is currently going after the people behind these knock-offs.
Ane such seller is CafePress, a well-known popular website that allows its customers to impress their own designs on T-shirts, java mugs and other products. Trump's lawyer sent the company a warning letter just a few days ago, asking information technology to stop infringing the registered trademark.
But can you actually trademark a slogan? And is it wise for a candidate asking for votes to also demand they pay up to don hats and shirts that bear it?
Distinctive not descriptive
Slogans are important elements in ad campaigns as brand owners promise that consumers volition link them with their products and services, too every bit their main brand.
A number of attempts take been made in the past to register slogans as trademarks. But these attempts have often been unsuccessful and registrations take been refused because the slogans in question were devoid of distinctive graphic symbol (distinctiveness is the master requirement to register all categories of signs).
Indeed, average consumers are often not in the habit of making assumptions about the origin of products on the footing of slogans, equally they consider them as just advert messages and therefore merely informational, generic or laudatory.
For example, slogans such equally "Proudly Fabricated in the USA" (in connection with electric shavers) and "America'due south Freshest Water ice Foam" (in relation to water ice creams) were held unregistrable in the Usa for being just descriptive and and then indistinguishable from other like products.
When Us multinational Best Purchase tried to register the phrase "best buy" when written on price tags, an EU Court deemed it devoid of whatever distinctive character and refused the registration. Similarly, when Citigroup tried to trademark the slogan "Live richly" the courtroom rejected information technology, as it was deemed that European consumers were perceive the phrase merely as promotional formula.
In gild to overcome such objections, brand owners have to prove that the slogan they want to protect has acquired a "secondary pregnant" on its own. A slogan is idea to take caused such pregnant if the brand possessor can demonstrate that its employ by another party would cause confusion amongst consumers as to the producer or provider of the appurtenances or services. Famous examples of this category of slogans are KFC'southward "Finger Lickin' Good" and Nike'due south "Only Exercise It".
Does 'Make America Great Again' fit the bill?
Despite successfully registering "Brand American Great Again", Donald Trump may need to take on objections that his slogan is but descriptive and laudatory. Trademarks may exist revoked fifty-fifty after registration, if judges or trademark offices later hold they do non meet requirements for protection and should have never been registered.
He might also be unable to prove that "Brand America Great Again" has acquired a secondary meaning to movement it beyond "descriptive" status. The slogan has been a common entrada catchphrase used in the past past several U.s. politicians. Ronald Reagan kickoff used it in his 1980 presidential entrada, and many people in the U.s.a. still link it to his political era. Ted Cruz and Scott Walker, other candidates for the upcoming ballot in 2016, have also used it.
Whether or not Trump'due south legal move is compliant with trademark law and despite his making sure he doesn't demand further money to finance his self-funded campaign, it however seems an opportunistic way to get profits by using politics and to take economic advantages from his ain supporters.
This does non come as a big surprise. Donald Trump knows how to create and strengthen a brand, every bit he has washed (and is still doing), spending lots of money licensing out his proper noun on products and services that include ties, perfumes, water and of course hotels.
But when it comes to politics, which entails asking people to vote for y'all and so adopting policies in the pursuit of the public interest, it sounds odd and ethically dubious to mix the latter with profit-seeking.
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Source: https://theconversation.com/how-donald-trump-trademarked-the-slogan-make-america-great-again-49070