Speaker 1: Donald Trump has been a famous person and Trump a
Speaker 1: famous brand for decades. Ivanka Trump is now one of
Speaker 1: the most famous women in the world who has carefully
Speaker 1: crafted her image since she first entered The Spotlight and
Speaker 1: her father's show The Apprentice. Her fashion line uses her surname,
Speaker 1: and sales of the Ivanka Trump line have skyrocketed, despite
Speaker 1: calls for Boycott's and some stores dropping the line. Now,
Speaker 1: Ivanka wants to stand alone. At least she wants her
Speaker 1: first name to stand alone. Her brand has moved to
Speaker 1: register a trademark for her first name, Ivanka on various
Speaker 1: fashion items. After all, isn't Ivanka now known by her
Speaker 1: first name like Beyonce or Madonna. The writers of a
Speaker 1: sketch on Saturday Night Live last month poking fun at
Speaker 1: her thoughts, So every man knows her name, every woman
Speaker 1: knows her face. When she walks into a room, all
Speaker 1: eyes are on her. She's Ivanka. That was a sketch
Speaker 1: Ivanka Trump did not like very much. Our guest today
Speaker 1: is Donna Tobin. She's co chair of the trademark and
Speaker 1: brand management group at Frankfurt Current Klein and Seltz. Donna,
Speaker 1: what stage is Ivanka's application to trademark her first name
Speaker 1: at Uh. Well, she that particular application UM, as you
Speaker 1: said is it's an intend to use applications, so it
Speaker 1: will be reviewed by the trademark office. When she uses
Speaker 1: it for the goods UM for which she registered, it
Speaker 1: will be allowed. UM. But a little background on the
Speaker 1: Trump and Ivanka's trademark history is interesting. UH. This is
Speaker 1: not the first time that Ivanka or someone on her
Speaker 1: behalf has actually tried to protect her name. UM. The
Speaker 1: marketing potential. Ivanka's first name was apparently first realized early
Speaker 1: on by her mom, Ivana, and some of the earliest
Speaker 1: attempts to register Ivanna's name Ivanka's name involved only her
Speaker 1: first name. Her mom, Ivana, filed an application when Ivanka
Speaker 1: was only a teenager. Uh, and that was Ivanka for Cosmetics.
Speaker 1: It was actually allowed by the Trademark office but never
Speaker 1: issued UM, likely because it was never actually used. As
Speaker 1: we talked about a second ago, UM, you have to
Speaker 1: actually use a trademark. You can file before you use it,
Speaker 1: but you need to use it and improve you've used
Speaker 1: it in the US before you get the registration. A
Speaker 1: u S registration for the single name Ivanka for Cosmetics
Speaker 1: was also granted to her mother in two thousand two. Um,
Speaker 1: so this is not a new thing. Ivanka herself got
Speaker 1: a registration for her own first name for handbags, although
Speaker 1: at that point in time she probably did realize the
Speaker 1: value of the Trump name alone with her name Ivanka Trump. Um,
Speaker 1: she's called that Trump name her birthright. So most of
Speaker 1: her efforts, um were to register Ivanka Trump. But like
Speaker 1: I said, early on, that name was um the subject
Speaker 1: of trademark applications in the trademark office. Donna, how easy
Speaker 1: is it to trademark just a first name? I mean
Speaker 1: you think about all the entertainers we know just by
Speaker 1: their first name, you know, Prince Madonna Adele. Uh. Do
Speaker 1: most of those people, for example, have trademarks on their
Speaker 1: first name. Um? Yes, I mean again, keeping in mind
Speaker 1: that trademarks have to be registered or used in connection
Speaker 1: with goods. So if you're just a famous person, um,
Speaker 1: let's say a singer, or you know, someone who's not
Speaker 1: really monetizing for goods like hand biggs or clothing, Um,
Speaker 1: you can't file a registration just for yourself. You have
Speaker 1: to tie it to goods or services or something that
Speaker 1: you are offering in connection with those goods. So someone
Speaker 1: who doesn't do that could still stop others from trying
Speaker 1: to create a false association. UM. You know Beyonce for example,
Speaker 1: there aren't many other Beyonce's out there, so everyone recognizes her.
Speaker 1: And if someone tried to register Beyonce for something that
Speaker 1: she didn't even think of registering, they could think she
Speaker 1: could still stop them. I mean, UM, that would be
Speaker 1: a false association. So yes, if a celebrity or someone
Speaker 1: knows the famous first name is thinking and wants to
Speaker 1: market themselves with products and services, they can expand that
Speaker 1: reach to goods. UM, and the Trumps certainly know about marketing.
Speaker 1: Let's talk though, about something which seems a little bit
Speaker 1: further out than trademarking Ivanka, and that is that she
Speaker 1: wants to trademark women who Work, which is the title
Speaker 1: of her next book and a personal life dial initiative.
Speaker 1: How difficult would that be? Again, the Trademark office UM
Speaker 1: is guided by the trademark laws, so there's lots of
Speaker 1: different UH hurdles. For example, UM women who work would
Speaker 1: be determined to be descriptive for a group of women
Speaker 1: who are working. UM. You can see where UM working
Speaker 1: women a group of working women wouldn't be able to
Speaker 1: stop people. But you know, she UM. She has actually
Speaker 1: tried to register it for particular services, and in fact
Speaker 1: she owns a registration for hashtag women who work for journals,
Speaker 1: social networking blogs UM not the sort of things, so
Speaker 1: she's been able to register that for those services. She's
Speaker 1: also registered it um without the hashtag for online social
Speaker 1: networking services during those blogs videos. In the field of fashion,
Speaker 1: it certainly seems very generic, but I guess until someone
Speaker 1: challenges it. Thanks so much for being on the show.
Speaker 1: We appreciate it. That's Donna Tobin, co chair of the
Speaker 1: trademark and brand management group at Frankfurt Current Klein and
Speaker 1: Sells