Multiple ‘Make Iran Great Again’ Trademark Filings Made at USPTO After Trump Remark

By Josh Gerben, Esq.

Published: June 24, 2025 Published: June 24, 2025

Three separate trademark applications for the phrase “Make Iran Great Again” have been filed with the USPTO following Donald Trump’s recent comments urging the Iranian people to consider regime change.

The first application was filed by a California resident on June 22. The second came from a Florida man at 11:21 a.m. on June 23. That same day, a Wyoming LLC submitted a third application at 9:18

The sudden rush raises the question: Who, if anyone, has the right to claim ownership over the phrase?

Trademark Law 101: Who gets priority?

In the United States, there are two ways to establish trademark rights:

1. Being the first to use the trademark to sell goods, or
2. Filing a trademark application with the USPTO before anyone else sells goods.

In this case, the California applicant, who filed on June 22, will be first in line as far as the USPTO is concerned. Under normal circumstances, his application would likely get approved, while the later filings would be refused.

However, those later applicants would still have the option to challenge the June 22 filing—if they can prove they were selling goods under the mark before June 22nd.

But initiating such a challenge is no small matter.

Filing a trademark application might cost a couple of thousand dollars. Opposing one in a formal legal proceeding typically costs at least $10,000, and often much more. That’s why filing first can be so valuable: it not only secures a place in line at the USPTO but also forces others to spend significantly more if they want to dispute your rights. In many cases, that alone can deter someone from continuing to pursue the mark.

Why these filings are likely to fail regardless

Here’s the twist: none of these applicants are likely to succeed.

“Make Iran Great Again” is not exactly a unique, original phrase. President Trump publicly used the phrase to describe a highly sensitive geopolitical situation. And as of today, the phrase is already being used widely online. A quick internet search turns up dozens of t-shirts, hats, and other merchandise bearing the slogan, sold by a wide variety of vendors.

That level of widespread, unauthorized use is a major problem for anyone trying to secure trademark protection.

Under trademark law, a phrase that is commonly used by the public, especially one that appears on merchandise from many sources, often cannot be registered. The reason is simple: trademarks are meant to protect consumers by identifying the source of a product or service. When you buy a Nike shoe, you know Nike Inc. made it. But if you buy a “Make Iran Great Again” shirt, there’s no single source. It could come from any number of independent sellers.

Once a phrase goes viral and spreads across the market without a clear source, the USPTO will find that the phrase is “incapable of functioning as a trademark.” Legally, it’s seen as just too common to be protectable.

Final thoughts

The end result? All three applicants are likely to see their filings refused. And, the phrase itself will remain in the public domain, free for anyone to use on merchandise, regardless of politics or geography.

In chasing a viral slogan, these filers may have hoped to gain exclusive rights to a headline-grabbing phrase. But from a trademark perspective, the cat is already out of the bag and there’s no putting it back in.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.