Bloomberg Law
Feb. 24, 2022, 6:34 PM

‘Trump Too Small’ Can Be Registered as Trademark, Court Says

Samantha Handler
Samantha Handler

The Federal Circuit reversed an administrative trademark tribunal’s refusal to register “Trump Too Small,” saying the tribunal had improperly impinged on speech.

The U.S. Patent and Trademark Office doesn’t have a sufficient interest in restricting attorney Steve Elster’s right to free speech in registering the mark “Trump Too Small” for t-shirts, Judge Timothy B. Dyk wrote in a precedential opinion for the U.S. Court of Appeals for the Federal Circuit.

The Trademark Trial and Appeal Board’s refusal to register the mark on the grounds that the mark features President Donald Trump’s name without permission is unconstitutional, the Federal Circuit ruled. ...