Josh Gerben Explains the Viability of ‘DA POPE’ Trademarks to Axios

Shortly after Pope Leo XIV, who is from Chicago, was named as the pope multiple people filed ‘DA POPE’ trademarks with the USPTO.

Josh Gerben and Axios discuss whether these trademarks are likely to be registered.

“The answer is most likely no. The U.S. Patent and Trademark Office (USPTO) denies trademark applications that reference living individuals, especially if that living individual has not provided consent,” says Gerben.

This is why the USPTO does not allow the registration of any mark with the word “Trump” in it, unless it was filed by his organization.

Another reason why the trademark would be denied by the USPTO is the widespread use of the nickname Gerben explains.

“The trademark office would just Google ‘Da Pope’ and it’ll see every media report that’s out there. That would lead to a refusal pretty quickly.”

While it’s not uncommon to see trademark applications referencing trending phrases, these types of applications typically are denied. “ Trademark law is meant to protect consumers, not a company,” Gerben says. “The law is meant to make sure you know who you’re buying the product from.”

Does that mean enterprising companies can’t sell merch with the ‘DA POPE’ on it? Gerben explains that they can sell goods, however they run the risk of receiving a cease and desist letter from the Vatican.

That being the Vatican does not have a history of protecting its intellectual property that way. “It’s gonna be a free-for-all out there in the merch world,” he says.

Source: Kauffman, Justin. https://www.axios.com. “Chicago reacts to Pope Leo XIV with “Da Pope” trademark frenzy”. 12 May 2025.