Summary
This Federal Circuit opinion reviews a Trademark Trial and Appeal Board decision affirming the refusal to register the trademark "US SPACE FORCE" under Section 2(a) of the Lanham Act. The court held that the Board properly considered evidence post-dating the application's filing date to assess whether the mark falsely suggests a connection with the United States military. Applying the four-part false connection test, the court found substantial evidence supporting the Board's conclusion that the mark uniquely points to the U.S. government and its armed forces. Consequently, the Federal Circuit affirmed the TTAB's refusal to register the mark.
Topics
Practice areas
Questions Presented
- Whether the Board may consider evidence that post‑dates the filing date in a false‑connection analysis under §2(a).
- Whether the Board’s findings on the first two prongs of the four‑part false‑connection test are supported by substantial evidence.
Holdings
- For a §2(a) refusal to register, the Board may consider evidence that arises after the filing date through the date of the Board’s decision, i.e., the time of examination.
- The Board’s findings that the mark US SPACE FORCE falsely suggests a connection with the United States satisfy the first two prongs of the false‑connection test and are supported by substantial evidence.
Key quotations
“Section 2(a) of the Lanham Act bars trademark registration under certain circumstances, such as false suggestion of a connection.” (at *5–6)
“We hold § 2(a) bars registration of a pending application for a mark that falsely suggests a connection as of the time of examination.” (at *6–9)
Factual background
Thomas D. Foster, APC filed an intent‑to‑use trademark application for the mark US SPACE FORCE in March 2018. President Trump announced the creation of a new military branch called the Space Force, and Congress later established it. The USPTO examiner refused registration under §2(a) of the Lanham Act, asserting a false suggestion of a connection with the United States. The TTAB affirmed the refusal, and Foster’s request for reconsideration was denied.
Procedural history
The USPTO examiner refused registration of the mark US SPACE FORCE under §2(a) for false suggestion of a connection. The Trademark Trial and Appeal Board affirmed. Foster sought reconsideration, which was denied. The appeal was taken to the Federal Circuit.