Since the renaming of the Gulf of Mexico to the Gulf of America, the United States Patent and Trademark Office (USPTO) has seen a surge in trademark applications for the phrase. Seventeen new applications have been filed since January 13, 2025. These filings cover a wide range of goods and services, from tourist items like commemorative coins and keychains to real estate agency services, fishing gear—even oil rigging equipment. The media attention has likely increased the term’s perceived value, spurring the rush of applications.
This wave of filings highlights the intersection of politicized terms, geographic names, and ornamental features in trademark law, creating a unique legal landscape for businesses. While Gulf of America holds significant branding potential, applicants must navigate several legal challenges, including conflicts with existing trademarks, geographic descriptiveness, and the risk of ornamental use. These factors mean that many applications could face delays, refusals, or significant hurdles in securing trademark protection.
Conflicts with Existing Trademarks
One major issue is a pre-existing common law trademark for “Gulf of America Outfitters” (owned by a Louisiana company) and a pre-existing registered trademark for GULF OF AMERICA (owned by Gulf of America, LLC) covering hats and t-shirts. The Louisiana company, which branded itself as Gulf of America Outfitters in 2022, has unsurprisingly seen a major boost to its business since President Trump “branded” the Gulf of Mexico as the Gulf of America. Recent attempts to register GULF OF AMERICA marks for apparel may conflict with these pre-existing marks, limiting other applicants’ ability to secure exclusive rights. In addition to contending with this registered mark, new applicants may also face challenges from unregistered users, such as Gulf of America Outfitters.
The Political and Commercial Tension
Another issue applicants must consider is the tension between political discourse and commercial interests: Are businesses genuinely creating new, identifiable brands, or are they simply capitalizing on political momentum? To strengthen their trademark claims and avoid the appearance of opportunism, businesses should focus on brand-building efforts that demonstrate long-term commercial intent.
Geographic Descriptiveness: A Key Legal Hurdle
Another major challenge is the risk of refusal based on Gulf of America’s geographic nature. Under U.S. trademark law, geographic terms are subject to strict scrutiny. The USPTO will examine whether the mark is primarily geographically descriptive, and the marks could be refused if the following factors are met:
1. The primary significance of the mark is geographic. Is Gulf of America primarily recognized as a geographic location? If so, this factor cuts against registration. While the Gulf of Mexico is well-established as a geographic location, it remains to be seen whether the USPTO will consider the Gulf of America a widely-recognized distinct geographic location. To overcome a refusal on this basis, applicants must show that the primary significance of the mark is not the geographic location of the Gulf of America.
2. The mark identifies the geographic origin of the goods or services. If the mark is being used to identify where the goods or services originate, this factor weighs against registration. This factor will impact each application differently, depending on the applicant’s connection to the Gulf of America.
3. Purchasers would likely think the goods or services originate in the place identified in the mark. If purchasers are likely to associate the goods or services as originating in the Gulf of America, this factor also weighs against registration. Whether the public views Gulf of America as a generic reference rather than an indicator of a particular source of goods or services might be determinative of this factor. Applicants can try to overcome a refusal on this basis by arguing the location is not well known; however, the recent publicity poses a significant barrier to overcoming this factor.
Further complicating this analysis is that not everyone recognizes the change. This overlap between the Gulf of Mexico/Gulf of America presents an additional hurdle, particularly for businesses whose goods and services are not directly tied to the region. Moreover, to the extent the USPTO considers the Gulf of America to be a well-known geographic location, then prior applicants who have had applications to register marks using the phrase “Gulf of Mexico” previously refused as merely descriptive may have a basis for seeking to have those refusals withdrawn if the Gulf of Mexico is no longer a recognized geographic location.
The Risk of Ornamental Use
Applicants also face the risk that their use of the phrase Gulf of America may be deemed ornamental rather than a valid trademark. This is particularly relevant for applications covering apparel and merchandise like t-shirts, hats, and mugs.
Does it matter whether Gulf of America is used as a decorative element rather than a brand identifier? Absolutely. Trademarks must function as source identifiers—helping consumers distinguish one company’s products from another’s.
In trademark law, a phrase that appears as a large, decorative graphic on a t-shirt generally does not function as a trademark. By contrast, smaller, more discreet logos—such as Ralph Lauren’s iconic polo emblem—are recognized as trademarks because they identify the source of the goods. If Gulf of America appears prominently on the front of a t-shirt as the t-shirt’s graphic design, the USPTO may determine it as ornamental use rather than as a source identifier sufficient to demonstrate a protectable trademark.
Moving Forward: Legal Considerations for Businesses
As the trademark landscape for Gulf of America continues to evolve, businesses considering its use should carefully evaluate whether their intended branding strategy meets legal requirements. Given the potential obstacles—existing trademarks, geographic descriptiveness, and ornamental use—companies should seek legal counsel to develop a strong trademark strategy that maximizes their chances of securing protection and building a lasting brand.
Caroline McCord is an accomplished attorney with a deep understanding of trademark and copyright law that she uses to help Erise clients obtain protection over their most valuable brands.
