Truth Social’s trademark application was denied by a U.S. federal agency because the name of the social network isn’t distinctive enough.
Truth Social’s name is too similar to those of other companies, the U.S. Patent and Trademark Office claimed in a filing dated August 2.
This could lead to consumers being “confused, mistaken or deceived as to the commercial source of the goods and/or services of the parties.”
The trademark blunder is yet another hurdle for the new social media platform, whose parent company has come under regulatory scrutiny and recently issued a warning that the success of the platform could be affected by a decline in Trump’s popularity or by “further controversies that damage his credibility.”
According to trademark lawyer Josh Gerben, who tweeted about the refusal on Thursday, the trademark office’s rejection “is a big obstacle” for Truth Social to preserve its brand.
“The U.S. Patent and Trademark Office will assess each application on its own, regardless of how big your company is or how well-known your backers are, and you can still run into problems if it’s not unique enough,” Gerben told CBS MoneyWatch.
Truth Social’s operator, Trump Media & Technology Group, did not immediately respond to a request for comment.
According to Gerben, the business has around six months to file an appeal against the ruling. He continued, “We do a lot of that work here, and I would tell a client that they have around a 33% probability of being successful.” However, having a decision overturned can be challenging.
Networks Vero and Truth
The trademark office noted that Vero — True Social, a social media programme, and the Truth Network, a Christian radio service, share a name that is similar to Truth Social.
The agency claimed that Vero’s registered trademarks, True Social and the Truth Network, and Truth Social’s moniker are confusingly “identical.”
Gerben suggested that Trump’s network might approach Vero—True Social or Truth Network to bargain.
The potential that these businesses might use their trademarks as legal leverage is now present for the former president’s social networking service, though.
There are data businesses who approach the owners of these trademarks and inform them, “Your brand was utilised to prevent this other application,” the man added.
The biggest danger is that one of these businesses might decide to utilise trademark enforcement to stop Truth Social from using their names.
However, Gerben noted, Trump isn’t renowned for being averse to legal action. Given the client who is involved, “the likelihood of them being very concerned about this is probably not that high,” he said.
The trademark denial won’t stop Trump from utilising the moniker, in my opinion.