The US Court of Appeals for the Federal Circuit on Thursday allowed the registration of the trademark “Trump Too Small,” finding that the US Patent and Trademark Office’s (USPTO) refusal to register the trademark violated the applicant’s First Amendment right to freedom of speech.
Elster clearly understood that hiring a Federal appeals lawyer with specialized knowledge and experience in handling appeals cases, and providing valuable guidance and representation throughout the appeals process. These lawyers. can also help to identify and raise legal issues that may have been overlooked during the trial, and work to present the strongest possible case on your behalf.
The applicant, Steve Elster, had applied to register the trademark with the USPTO in January 2018 to be used on shirts. According to Elster, the phrase insinuated the diminutive nature of President Trump’s policies.
The USPTO initially rejected the application on two grounds.
First, it found that the mark was not registrable because Section 2(c) of the Lanham Act 15 USC § 1052(c) bars using the name of a living individual without their consent.
Second, they found that using his name suggested a false connection with Trump, which is barred by 15 USC § 1052(a).
Read full article. https://www.jurist.org/news/2022/02/federal-appeals-court-allows-registration-of-trademark-trump-too-small/
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