As President of the United States, Donald Trump is ever-present in the news. However, many people don’t see what goes on relative to the president in the background of government agencies. This is particularly true for the U.S. Patent and Trademark Office (USPTO). As the agency’s backlog continues to grow, it has found itself fighting off repeated unauthorized ‘Trump’ trademark applications.

Even though Trump filing lawsuits over intellectual property misuse is no rarity, there’s a constant barrage of applicants looking to build brands off his name.

USPTO Receives Influx of ‘Trump’ Trademark Applications

The backlog at the USPTO has ballooned in recent years. Filings that once flew through the agency in four months or less are now taking up to one year. Experts believe that certain Trump-era mandates have worsened this issue. That makes it all the more interesting that USPTO examining attorneys are having to spend time rejecting ‘Trump’ trademark applications.

Here are just some of the most recent filings that feature the president’s name:

• “Trump 2028“
• “THREE-PEAT Donald J Trump President of the United States 2016 2020 2024 BS”
• “TGIF Thank God Its Trump” [sic] 
• “Don’t Tread on Trump”
• “F*ck Trump” (asterisk added)

While they all bear his name, none of these applications comes from the president or related entities. However, these trademark registration filings are submitted by both fans and opposers. Some hope for a legally dubious third term in office, while others hurl expletives at Trump himself. The one thing they share in common is that the USPTO is in no hurry to approve them.

Trademark Office Repeatedly Rejecting ‘Trump’ Trademarks

Each of the trademark applications mentioned above – along with many other Trump-focused filings – has received office actions. These are an integral part of the trademark process. They’re sent to applicants to officially notify them of issues with their application. Once received, filers typically have an opportunity to correct these issues.

However, any attempt to fix problems in these applications will likely be unsuccessful. The one term you’ll repeatedly see in these office actions is “consent refusal.” Some of these filings also cite a likelihood of confusion as a reason, which means consumers may confuse the source of a product or service. Still, consent refusal is the main issue with Trump related trademark applications.

To register a federal trademark that contains another person’s name, an applicant must have that person’s consent. If there’s no consent agreement on file, the USPTO will refuse the application. Since these individuals seem to have no affiliation with the president, their requests are unlikely to move forward.

What Happens Now?

Each of the trademark applications listed above has received a non-final office action from the USPTO. However, these will likely turn into final office actions or abandoned trademarks. In the former situation, the agency will formally reject the application. In the latter, the applicant will cease their efforts to secure a ‘Trump’ trademark. Put simply, the application will “die.”

However, the path forward for these individuals can look very different. One thing they have in common is that the USPTO refusal does not mean they can’t use these marks. It simply means they cannot secure federal registration and protection. For instance, provided there is no likelihood of confusion, the “F*ck Trump” applicant would likely be protected by free speech if they sold products featuring the phrase.

However, things may be more complex for the individual seeking a “Trump 2028” trademark. While the chief executive cannot run again in 2028, the name suggests an official campaign connection. The president is no stranger to suing over the use of his name – even targeting products that support him. Therefore, this applicant may be better off just giving up.

Either way, the influx of unofficial ‘Trump’ trademarks will likely continue to be an issue for the USPTO.