Josh Gerben Analyzes Trump Org’s ‘TRUMP TV’ Trademark for Newsweek

Trump Org filed a trademark to protect ‘TRUMP TV’ just days after the White House launched a 24-hour streaming channel under the name.

Trademark attorney Josh Gerben and Newsweek discussed the implications of the trademark filing.

Josh Gerben, who first identified the filing from USPTO records, said the situation appears to be unprecedented.

“It’s likely the first time in United States history that this has happened,” said Gerben.

One of the most significant aspects of the application is that the trademark owner is Trump’s private company, DTTM Operations LLC, not the federal government. DTTM Operations holds and controls all Trump trademark registrations.

Gerben said that distinction has legal significance because trademark ownership and use are not necessarily the same.

“For the White House or the Federal Government to use the ‘TRUMP TV’ trademark, a licensing agreement between the Trump Organization and the Government is required,” he said.

According to Gerben, the issue exists regardless of whether the trademark has already been approved.

“Trump Org needs to secure a licensing agreement with the Federal Government, or the arrangement could create a ‘naked license,’ which would invalidate any claims Trump Org has to the trademark,” he said. “Therefore, from a legal perspective, it would not surprise me if a licensing agreement were already in place.”

The ‘TRUMP TV’ channel was launched on September 21 and the trademark application was filed on September 24. Companies typically file trademark applications before the launch of products or services in order to secure rights in the name prior to public knowledge of the brand. Gerben said this filing appeared to move in the opposite direction.

“The timing of the trademark filing suggests that ‘Trump TV’ was rushed into existence,” he said. “Typically, a company would file a trademark in advance of a new product launch to protect the name before it is announced.”

Instead, Gerben said, the application appears to have been filed after administration officials realized the White House channel could become an ongoing operation.

“It shows that Trump Org realized it needed to protect ‘Trump TV’ if the White House was actually going to use the name for a real channel it was building,” he said.

Per federal law, Trump consented to the use of his name for the trademark within the application. Gerben said that aspect of the filing shouldn’t be viewed as unusual.

“This is a procedural requirement and something that has been done on every other ‘TRUMP’ trademark filing,” he said.

Gerben said the USPTO currently takes about five months to begin examining newly filed trademark applications.

While the USPTO falls within the executive branch, Gerben emphasized that trademark examinations are intended to operate independently.

“The President appoints the head of the USPTO. That said, the examination process is intended to be independent,” he said.

According to Gerben, a single examining attorney is randomly assigned to review each application and determine whether it satisfies federal trademark requirements.

Gerben said he is not a constitutional or ethics expert and declined to offer opinions on those questions. However, he noted that trademark licensing agreements generally require some form of consideration between the parties.

“While the Federal Government does not necessarily need to pay Trump Org a licensing fee, there is arguably value created for Trump Org by having the Office of the President promote a trademark that it owns,” he said.

Source: Castro, Amanda. https://www.newsweek.com. “Trump Company Files Trademark for White House’s ‘Trump TV’”. 26 September 2026.