Donald Trump’s ‘Truth Social’ Encounters Trademark Hurdle
Following his expulsion from Twitter, Donald Trump set off on a venture to create his own social media empire. That empire was named “Truth Social,” and the former president promised it would be a free speech haven. Since that time, the platform has run into a myriad of problems. One of the most recent issues at hand is the denial of the social media site’s trademark application by the U.S. Patent and Trademark Office (USPTO).
Another Hurdle in the Rise of Truth Social
Donald Trump’s social media platform has had anything but a smooth beginning. It was revealed in June 2022 that the network was under federal investigation, and in late August of the same year, Google’s app store refused to feature the platform’s app unless something was done about the onslaught of violent content on the site. A potentially bigger issue arose in early August 2022, however, when it became apparent that the platform may not even have rights over its own name.
That’s because the USPTO issued an office action on August 2 that the name “Truth Social” was too similar to pre-existing trademarks. This means Trump’s application didn’t even make it to the publication portion of registration. A trademark examiner found that the brand identifier was too similar to the trademarks “Truth Network” and “Vero — True Social,” a Christian radio service and social media app, respectively.
Such similarities could cause a likelihood of confusion among consumers. In essence, consumers may think there’s some connection between Truth Social and the aforementioned pre-existing trademarks. While it’s possible that the company could overcome the office action, a bigger concern is that Trump’s social platform could now be exposed to a claim of trademark infringement.
Trademark Infringement on Truth Social?
Now that the USPTO has made clear it believes Truth Social is confusingly similar to pre-existing trademarks, it’s possible that those trademark owners could enforce their rights. As such, they could send a trademark cease and desist letter demanding that Trump stop using the name. The issue could even end up in court if the former president opts to continue using the name .
Of course, there are some issues with this approach. For instance, Donald Trump has been a party to thousands of lawsuits. This means he is unlikely to shy away from trademark litigation, and we all know he has deep pockets to draw out his time in court. The potential also exists that the companies could face significant backlash from the former president’s supporters if they assert their rights. For instance, the right-wing internet publication Gateway Pundit immediately questioned whether bias at the USPTO was behind the trademark rejection.
While both Truth Network and Vero — True Social may have legitimate claims to end Trump’s use of Truth Social, the act of doing so is riddled with difficulties. This could lead the former president to continue using the trademark — devoid of federal registration — without worrying about any legal repercussions.
What Happens Now?
Once notice was given that Truth Social was too similar to other trademarks, Trump now has 6 months to respond. Given the specifics of this case, the likelihood of an appeal succeeding probably isn’t good. And while a consent or licensing agreement between the involved companies is at least possible, doing so may be unwise for those companies considering the former president’s increasing legal peril and the recent barrage of Qanon conspiracy theories shared on his personal page.
What happens next will depend entirely upon Truth Social’s response to the trademark rejection. Since trademark enforcement falls to the intellectual property owners themselves, it will be contingent on the companies in question to assert separately their rights which may have already ocurred.