Trademarks, Publicity, and the Presidency

Can U.S. presidents protect their names and faces with trademarks? And, on the flip side, is it OK to use the president's name or image on a product? Find out how trademarks and other intellectual property rights apply to the commander in chief.

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trademarks publicity and the presidency

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Updated on: January 30, 2023
Read time: 3 min

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Spend a few minutes poking around online and you'll find a treasure trove of Donald Trump products: “Make America Great Again" ball caps, Trump's “Success" fragrance, Donald Trump toilet paper (his face on every sheet!), and even a Trump Chia Pet.

As we prepare to celebrate President's Day, you might wonder: Is it legal to put the president's face on toilet paper? Are presidents considered fair game, so you can do whatever you want with their names and faces? Are the rules different for Trump, who is both the current president and a famous businessman? And what about former living presidents like Barack Obama, or dead ones like Abraham Lincoln?

Presidential trademarks

For years before he entered politics, private citizen Trump and his companies took steps to protect the Trump name as a trademark for everything from hotels to men's cologne. Those trademarks are still in effect, and there's nothing to prevent him from registering additional trademarks while he is president.

However, federal trademark law makes it hard for anyone else to register a presidential trademark. Under the law, you aren't allowed to register a trademark for any living person's name, likeness, or signature without that person's permission—and that includes a living president.

Presidents also have an additional layer of protection that other people don't get. You need permission to register a trademark even after their death—for as long as their widow is still alive. That means that until Nancy Reagan's death in 2016, you needed her permission to register a Ronald Reagan trademark, even though the Gipper passed away in 2004.

Trademarks protect names and designs that signify the source of a product or service, including brand names and product names and logos. Trademarks don't apply to ornamental aspects of products, such as decorations on mugs or toilet paper. So while you couldn't register a trademark for Jimmy Carter Peanut Butter without asking first, trademark law won't prohibit you from putting Jimmy Carter's face on a T-shirt, or Donald Trump's head on a Chia Pet.

Presidents and the right of publicity

Individuals have the right to control the way their names and likenesses are used for commercial purposes, such as selling products or services. This is known as a right of publicity. State laws govern the right of publicity, and that means the rights can vary somewhat from one place to another. The right of publicity continues for as long as a person is alive. In some states, like California, it can be passed down to a deceased person's estate.

Because of the right of publicity, presidents can file a lawsuit to prevent their names and images from being used without permission for advertisements, endorsements, and other commercial purposes. President Obama, for example, objected early on to blatant attempts to make money off of his name, including a Times Square billboard showing him wearing a clothing manufacturer's jacket. But under the First Amendment, public figures such as presidents can't prevent their names or pictures from being used for other reasons, such as news reporting, commentary, parody, or education.

When it comes to bobbleheads, Chia Pets, and other random products that are clearly using a president's name or face to make a quick buck, rights of publicity can be hard to enforce. Manufacturers and sellers are often based overseas. You could argue that Trump toilet paper is protected political commentary, or that the Chia Pet parodies Trump's unique hairstyle.

As a practical matter, politicians rarely object to having other people use their name and likeness on products. It's too easy to cause a social media backlash that could hurt them politically. Politicians also don't want to be viewed as hindering free speech, or picking petty battles while they are supposed to be running the country.

Does this mean you're free to launch a line of presidential bottle openers? Not necessarily. A president's name and image can be subject to several types of intellectual property, even if the president has been dead for centuries. A lawyer can advise you on the trademarks, copyrights, and rights of publicity that may apply to your project.

Sign up for our business legal plan to talk to an independent attorney in your state if you have any questions. 

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

82 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
85 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
101 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
100 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
107 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
125 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
152 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
152 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
156 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
162 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
181 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
188 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
223 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
219 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
228 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
230 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
247 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
254 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,925+ reviewson

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