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| President Obama Signs "ObamaCare" Into Law in 2010 |
Some were applications filed by insurers or HR professionals, whereas others were filed by opponents of the Patient Protection and Affordable Care Act, which has been dubbed "ObamaCare" ever since its passage in 2010.
For example, the "ObamaCare Calculator" trademark application was filed in August 2013 by Trendsetter, a Texas-based human resources firm. Meanwhile, "ObamaCare. Run for your Life," a proposed trademark for sports clothing was also filed, but quickly abandoned.
As reported today by the Wall Street Journal, one of the more controversial applications was filed in July of this year for "Destroy ObamaCare" t-shirts, being sold by a New Orleans-based attorney. In an interview, the lawyer said that he doesn't "really have a particular desire to see ObamaCare destroyed or saved." In fact, he has been busy applying for a trademark for "Save ObamaCare" for t-shirts.
The legal problem with all of these trademarks is that they use a living person's name (namely, the sitting President's) without his express written consent. In recent years, the Trademark Trial and Appeal Board has blocked a number of registrations featuring the President's name, including "Obama Pajama", on this basis.
Therefore, it appears highly unlikely that anyone will be able to legally trademark "ObamaCare," at least in the United States.
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