Purchase Offer?
When Trump responded negatively and announced a counterattack, Lopes softened his stance, suggesting Trump might want to purchase the European trademark registration. This would save costs and avoid “public proceedings” in the lead-up to the U.S. elections, Lopes argued.
Bad Faith
However, Trump rejected any deal and initiated proceedings with the European Union Intellectual Property Office (EUIPO) to invalidate Lopes’ registration. Trump argued that Lopes had clearly acted in bad faith when he registered the trademark in 2021. On October 20, 2021—just one day before Lopes’ registration—Trump had issued a press release announcing the launch of his new social media platform, Truth Social. Additionally, Trump had already applied for a U.S. trademark for the trademark in July 2021. According to Trump, Lopes could not have been unaware of his plans.
Trump Loses
However, Trump’s attempt to have the trademark removed from the register has failed. On December 3, 2024, EUIPO ruled that Lopes could retain the Truth Social trademark registration.
Insufficient Evidence
Although the trademark office acknowledged signs that Lopes might have acted with bad intentions, such as the timing of his registration and his offer to sell the trademark for “considerable financial compensation,” it did not support Trump’s request to invalidate the registration. The reason: Trump presented numerous arguments but failed to substantiate them with evidence. For example, EUIPO noted that Trump had not even submitted a copy of his earlier U.S. trademark application.
Appeal Deadline: February 3
Since claims of bad faith can only succeed if solid evidence is provided, the EUIPO dismissed Trump’s claim. “Despite the provided motives, the file in hand lacks sufficient preparation on the part of the applicant to substantiate its claims”, stated the EUIPO. This means Lopes’ trademark remains a significant obstacle and risk for Trump’s Truth Social in Europe. Trump now has until February 3 to appeal the decision. On appeal, he should still have a good chance of overturning Lopes’ registration, you would think.
Bas Kist
Photo by History in HD on Unsplash
This article was previously published in Dutch newspaper de Volkskrant
