Trump Org Moves to Block ‘MAGA Burger’ Trademark
Donald Trump’s private company, Trump Org, has initiated legal proceedings to block the federal registration of ‘MAGA Burger,’ a trademark sought by a Texas-based burger chain.
In a “Notice of Opposition” filed on February 23 with the United States Patent and Trademark Office, Trump Org argues that its longstanding rights in ‘MAGA’-formative trademarks should prevent MAGA Burger Holdings, LLC, from securing federal registration of the ‘MAGA Burger’ name.
The Opposition lists three Trump companies as Opposers. DTTM Operations LLC owns most of the Trump-formative trademarks, including the newly-filed ‘President Donald J. Trump International Airport’ trademarks. CIC Operations LLC owns Trump’s MAGA-formative trademarks, as well as his 45-47 trademarks. Trump Wine Marks LLC owns trademarks related to the Trump Winery and other Trump-centric alcoholic beverages.
The filing sets up a proceeding before the Trademark Trial and Appeal Board, the administrative court within the USPTO that adjudicates such disputes. Under federal trademark procedure, once a trademark application is approved for registration, it is published for a 30-day period during which any party that believes it would be harmed by registration may file an opposition.
The irony in this case is that the USPTO, an agency within the executive branch of the US government, initially approved the ‘MAGA Burger’ application for publication despite Trump Org’s extensive portfolio and use of the ‘Make America Great Again’ and ‘MAGA’ marks.
In its legal filing, Trump Org asserts that it has spent “tens of millions of dollars” producing, promoting, and advertising goods and services under its trademarks. It further claims that, prior to April 14, 2025 (the filing date of the ‘MAGA Burger’ application), it had licensed the use of MAGA Burger, Trump Burger, Trump Grill, Trump Cafe, Trump Pizza, Trump Sweets, and other related marks to licensees.
On that basis, it contends that registration of ‘MAGA Burger’ by an unaffiliated party would create confusion and improperly capitalize on the goodwill associated with Mr. Trump and his brand.
Why was the trademark approved by the USPTO?
One question raised by the dispute is why the USPTO approved the ‘MAGA Burger’ application for registration.
From a technical standpoint, the timing appears to be critical.
When the ‘MAGA Burger’ trademark application was filed in April 2025, Trump Org did not yet own a federal trademark registration for ‘MAGA’ in connection with restaurant services. According to public records, Trump Org filed its own application covering restaurant services on October 11, 2025, nearly six months after the filing date for the ‘MAGA Burger’ trademark.
Because trademark examiners assess conflicts based on existing federal registrations and earlier-filed applications, the absence of a restaurant-related ‘MAGA’ registration at the time of examination meant there was no directly conflicting mark to cite as a bar to registration.
That said, the USPTO could still have refused the application on grounds of false association with Mr. Trump. Such a determination is discretionary and fact-specific, and in this case, the examiner did not take that route.
The arguments made to protect MAGA
Trump Org’s opposition rests on two principal arguments:
#1 Prior use of the MAGA trademark.
Under United States trademark law, trademark rights can arise through just using a trademark in the marketplace, even without federal registration. If Trump Org can demonstrate that it or its licensees were operating restaurants under the MAGA brand before April 14, 2025 (the date the ‘MAGA Burger’ trademark application was filed), those earlier common-law rights could be sufficient to block registration.
#2 A false associated with Trump Org.
In its Notice of Opposition, Trump Org claims that consumers encountering a restaurant named ‘MAGA Burger’ would likely assume an affiliation, sponsorship, or license agreement with Mr. Trump. Given the political prominence of the acronym and its close association with the President, Trump Org contends that confusion is not merely hypothetical but probable.
Some other factors in this dispute
Stepping back, it is important to note that there are also media reports about litigation between the owners of the ‘MAGA Burger’ restaurant in Texas. It appears that multiple restaurants named ‘Trump Burger’ or ‘MAGA Burger’ have opened, closed, or even changed names.
Media accounts suggest that Trump Org previously sent cease-and-desist letters demanding that operators stop using Mr. Trump’s name and related slogans without authorization.
Who will win the case?
From my perspective as a trademark lawyer, this is a strong case for Trump Org.
The most important question will be evidence of prior use. If Trump or its licensees were genuinely using ‘MAGA Burger’ or some closely related MAGA restaurant branding before April 14, 2025, that could be decisive. In U.S. trademark law, prior unregistered use can defeat a later-filed federal application.
However, even if there’s no prior use, the false-association argument is powerful for the Trump Org. ‘MAGA’ is an extremely well-known acronym. It is uniquely and overwhelmingly associated with Donald Trump. If a substantial portion of consumers would assume a connection between ‘MAGA Burger’ and Trump Org, that alone can result in Trump Org obtaining a favorable ruling.
Ultimately, I would expect Trump Org to prevail if this case proceeds to a full trial.
The larger takeaway?
MAGA supporters may wear the hats, but not use the trademarks as their own to sell burgers (or other merchandise).
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.
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