Benjamin Appelbaum, Attorney at Law

Trump may move to trademark term created by Cruz

With candidates for both political parties fiercely battling to determine who will be the next candidate for the presidential race, all candidates have spent a lot of time in the press for various reasons. Perhaps the one in the news the most often is Donald Trump. While campaigning, the businessman has not lost sight of one of the things that has led to his success—the protection of intellectual property and how to use it to his advantage.

The man recently indicated he might file an application to trademark the term “Trumpertantrum,” a term that was created by Ted Cruz.

Despite Cruz being the person to create the term, it is possible that Trump could secure a trademark related to it. This is because it does not matter who came up with the term as it is not the word or phrase itself that is protected. Rather the trademark protects the association created between that word or phrase and the service or product it is being used in conjunction with. Accordingly, Trump could own a trademark on the term as it is used to identify certain services or goods. In the alternative, the trademark could be used describe a trait of the service or product.

The concept of trademark and how it can be used to protect intellectual property rights can be complex. Because of this, and the fact it can be such an important component to a business, anyone who has questions regarding how trademark can work for them should seek assistance from an intellectual property attorney.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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