Time Magazine quoted Josh Gerben in an article about new trademark applications similar to Trump’s campaign slogan – and the lack of enforcement against them.

Josh Gerben was quoted by TIME.com as saying:

“When one submits a trademark application, it is assigned an examining attorney who looks for any conflict, including a search of existing, active trademarks and a basic Google search, says trademark expert Josh Gerben of the Gerben Law Firm. “If they find a particular name or phrase is a popular meme, they can deny the application for failing to function as a trademark,” he said. The standard for whether an application is approved, Gerben said, is “whether the consumer would be confused about the source of the product.””

Article: Wilson, Chris. “‘Make America High Again’ and 279 Other Ways People Are Ripping Off Trump’s Campaign Slogan”.  TIME.com.  January 8, 2018