16 August 2017Trademarks

Trump taken down in trumpet trademark battle

US President Donald Trump has a lost a trademark tussle against the maker of an app designed to teach people how to play the trumpet.

The saga began with the filing of the mark ‘ iTrump’ for “computer software for use in producing sound” in international class 9, in 2010.

Trump opposed the application, which had been filed by app developer Spoonjack, claiming it would create a false suggestion of a connection, a likelihood confusion, and cause dilution.

“Opposer is a world-renowned real estate entrepreneur, business icon and celebrity. Over the years, opposer has expanded his successful real estate, casino and resort empire throughout the world and has pursued a wide variety of business ventures,” said the opposition, around five years before he became US president.

Then, in August 2013, Trump withdrew his opposition to Spoonjack’s mark.

Spoonjack went on the offensive—one year later the app developer filed its opposition to Trump’s ‘Trump’ mark in class 41 for “entertainment services, namely, ongoing unscripted television programmes in the field of business, business disputes, and dispute resolution”.

In the Trademark Trial and Appeal Board’s (TTAB) latest order, on Friday, August 11, Trump’s mark was cancelled.

One week before, Trump had voluntarily withdrawn the mark, US registration number 3,391,095.

But, according to the TTAB, because Trump applied for the cancellation without the written consent of the parties in the proceeding, a judgment was entered against him.

In April this year, Trump also withdrew his application for the mark ‘Trump’ in class 9, which covers computer software, after a decision against him.

Earlier this year, WIPR reported that the trademark ‘Trump US’ was set to be revoked after seemingly being abandoned by Trump.

Trump had filed the application for class 32—bottled water—in 2003, but had not responded to a cancellation petition submitted by Talking Rain Beverage Company, a producer of flavoured water, in December last year.

The mark was cancelled in April.

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