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ARTICLE · 04 JUNE 2025

Not Ready For Blast Off – "US Space Force" Mark Refused

Lerner David Littenberg Krumholz & Mentlik, LLP
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The U.S. Court of Appeals for the Federal Circuit recently affirmed a Trademark Trial and Appeal Board ("Board") decision confirming the Examining Attorney's refusal to register the mark...

United StatesIntellectual Property
John Klaczany
John Klaczany
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The U.S. Court of Appeals for the Federal Circuit recently affirmed a Trademark Trial and Appeal Board ("Board") decision confirming the Examining Attorney's refusal to register the mark "US SPACE FORCE" pursuant to § 2(a) of the Lanham Act for falsely suggesting a connection to the United States government.

On March 19, 2018, Thomas D. Foster filed an intent-to-use trademark application for "US SPACE FORCE" covering various goods and services. This filing came shortly after the announcement of the formation of a sixth military branch called "Space Force". During the examination process, the Examining Attorney refused to register Foster's mark based on § 2(a) of the Lanham Act which bars trademark registration for marks which may disparage or falsely suggest a connection to persons or institutions, including the United States. The Trademark Trial and Appeal Board (Board) affirmed the Examiner's Attorney's refusal, and Foster appealed to the U.S. Court of Appeals

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