Make my TRUMP trademark famous again

Trump and lawsuits, that combination is not entirely surprising. What's new, however, is that Trump is now embroiled in legal battles in Europe over his brand, TRUMP.

The 'Trump' brand includes luxury hotels, residential towers, and golf courses in various major cities around the world, with operations in Europe specifically in Ireland and the United Kingdom. DTTM Operations LLC is the entity responsible for managing and protecting the Trump brand, including its intellectual property.

 DTTM Operations LLC has filed an objection against the European trademark application for the word mark 'Trump' for condoms, beer, and sparkling wines—a rather odd mix of products. Their objection is based on their earlier registered 'Trump' word mark for hotels, restaurants, and golf services.

 The applicant of the contested TRUMP mark is pulling out all the stops, much like Trump himself.

 The first thing Trump needs to prove is the use of his mark. Unfortunately for Trump, the UK is no longer a relevant factor in this opposition following Brexit. This leaves Ireland. After reviewing all the evidence of use, which was substantial, the European trademark office concluded that there is indeed usage for hotels, restaurants, and golf courses.

 Trump also argued that his mark is well-known and therefore deserves broader protection. This is where it gets interesting. While Trump himself is undoubtedly world-famous, his brand is not well-known in the European Union for hotels and golf courses. The evidence for this is too weak, according to the European trademark office.

 Trump can still act against an identical mark for similar products and services if there is a risk of confusion. Although condoms are probably available in Trump hotels, they are not similar to hotel services. Thus, confusion is not given, and the oppositon regarding condoms is unsuccessful.

 However, Trump can claim a small victory: the application is rejected for beer and sparkling wines because these products are used and offered in the context of food and beverage services for which the TRUMP brand is registered and used.

 Overall, it's a significant defeat for Trump: not a famous brand in the EU and soon possibly seen on condoms!

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.