In an increasingly competitive digital economy, timing is everything when protecting your brand. This principle was highlighted recently when Donald Trump’s business, the Trump Organization, launched the TRUMP-branded mobile phone and wireless service. Just a week before the launch, Trump Org subtly filed two new trade mark applications in the US for ‘TRUMP’ and ‘T1’, both related to the new service. By filing before the launch, the company secured its place in line and protected the brand before the spotlight hit.

While the Trump name has long been associated with real estate, hospitality, and political ventures, this latest move suggests a calculated pivot into telecoms. Whether this new venture succeeds commercially remains to be seen, but from a legal perspective, the timing of the trade mark filings demonstrates why brand protection should begin before launch, not after.

Why Timing Matters

Trade mark law in the UK operates on a first-to-file basis. This means the first person or entity to file a trade mark application has the best chance of securing exclusive rights, even if someone else has been using the name informally. Delaying your application could allow a competitor to file first, either blocking your registration or demanding a fee to release it.

In Trump’s case, the filings were made before any official product launch—a common approach for large businesses that often build brand strategies under confidentiality until IP protections are in place.

Filing Before Use

UK trade mark law allows applicants to file for a mark even if it is not yet in use, provided there is a genuine intention to use it. Without this genuine intention, the filing may constitute a bad faith registration, which can lead to serious consequences (you can read more about that here). Filing early enables businesses to secure protection while developing products or negotiating deals.

Benefits of Early Registration

• Exclusive Rights: Legal protection to prevent others from using the same (or a confusingly similar) mark in your class.
• Investor Confidence: Investors are more likely to support ventures with secured IP assets.
• Market Clarity: Registered trade marks appear on public databases, discouraging others from adopting similar branding.
• Business Valuation: Registered marks can significantly increase the value of your business.

Tips for UK Businesses

If you are developing a new brand or entering a new market, consider:

1. Conduct Clearance Searches: Ensure your proposed brand name does not conflict with existing trade marks.
2. File Early: Once you have a settled name and genuine intention to use it, file your UK trade mark application. This can include logos, slogans, or packaging designs.
3. Think Internationally: If you plan to trade internationally, consider international filings.
4. Monitor and Renew: Watch for potential infringements and remember UK trade marks require renewal every 10 years.
5. Seek Professional Advice: Errors in trade mark filings can lead to delays or invalid registrations. Working with an experienced trade mark solicitor helps ensure your rights are fully protected.

Final Thoughts

Trump’s mobile service trade mark filings are a reminder that even the most recognisable names must follow the same fundamental rules of trade mark law. Filing early offers strategic and legal advantages that can make the difference between a protected brand and a costly dispute.

If you need guidance on protecting your brand or filing your trade mark, contact the Berry Smith Commercial and IP team on 02920 345511 or at commercial@berrysmith.com.