President Donald Trump’s private company has filed a trademark application for ‘TRUMP TV’, a name already used by a White House streaming channel. This action may influence the channel’s future use and imply a potential licensing requirement between the federal government and the Trump Organization. Records from the United States Patent and Trademark Office (USPTO) show that DTTM Operations LLC, the entity managing Trump brand trademarks, filed the application on September 24.
Trademark attorney Josh Gerben notes the unprecedented nature of the situation. Gerben explains that it likely marks the first instance of such a filing in U.S. history. The trademark application covers television broadcasting, streaming services, mobile applications, and news programming. The proposed services would include content focused on politics, business, current events, and international affairs.
Trademark Application Details
The filing covers downloadable software, internet streaming, television broadcasting, and online news programming. Services are delivered via television, websites, mobile applications, and digital networks. Categories include streaming software for mobile phones and smart TVs, along with television and internet broadcasting services, and news content transmission.
DTTM Operations LLC seeks protection for entertainment and educational programming related to politics, business, and public affairs. This application, submitted on an intent-to-use basis, indicates plans for future commercial use. It spans four international trademark classes with a $1,400 fee. The extensive application suggests the Trump Organization envisions a media platform beyond a White House communications channel.
Ownership and Government Use Implications
One major aspect of the case is the private company’s application, not the government’s. USPTO identifies DTTM Operations LLC as the trademark owner, operating as the Trump Organization’s intellectual-property holding entity. Gerben highlights the important legal distinction between ownership and use.
‘For the White House or the Federal Government to use the ‘TRUMP TV’ trademark, a licensing agreement between the Trump Organization and the Government is required,’ Gerben states.
Whether the trademark has been approved or not, this licensing is necessary to avoid a ‘naked license,’ which could invalidate Trump Organization’s claims to the trademark. Gerben suggests a licensing agreement might already be in place from a legal standpoint.
Timing and Strategic Decisions
The launch of ‘TRUMP TV: The Essentials Station’ by the White House occurred on September 21, with the trademark application filed on September 24. Typically, companies secure legal rights before public launches. Gerben observes the opposite occurred here.
‘The timing of the trademark filing suggests that ‘Trump TV’ was rushed into existence,’ Gerben comments.
The application came after realizing the White House channel might become a lasting feature. It signifies the Trump Organization’s intent to safeguard the ‘Trump TV’ name for a genuine channel.
Debate Amidst Media Tensions
The application coincides with disputes over the administration’s communication strategy. After barring major news outlets from White House access, a federal judge temporarily blocked Trump’s ban, restoring press credentials while legal proceedings continue. Critics, including Democrats and some Republicans, voice concerns about ‘Trump TV’ and related government-funded advertisements promoting Trump’s agenda. These critics describe the channel as potentially autocratic.
Trump personally consented to the trademark filing, as required by federal law. Gerben identifies this as standard procedure, confirming presidential authorization for the trademark pursuit.
Next Steps in Trademark Process
The USPTO will now examine the application. The process typically lasts months before review begins. Despite USPTO’s role within the executive branch, trademark reviews are meant to be independent, with examining attorneys randomly assigned to evaluate applications. Gerben refrains from constitutional or ethics discussions but notes licensing agreements entail consideration between parties, suggesting potential value for Trump Organization with presidential promotion.
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