TTAB Upholds Section 2(a) False Connection Refusal Of US SPACE FORCE For License Plate Frames, Umbrellas

The Board affirmed a Section 2(a) refusal of the proposed mark US SPACE FORCE for a variety of goods in ten classes, including license plate frames, umbrellas, pillows, and toy spacecraft, finding that the mark falsely suggests a connection with the U.S. Space Force, a branch of the U.S. Armed Forces and a U.S. governmental institution. Applicant Foster APC feebly argued that this provision of the Lanham Act is unconstitutional, but that argument never took flight. In re Thomas D. Foster, APC, Serial No. 87981611 (September 19, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington).

Section 2(a), in pertinent part, bars registration of a mark that "consists of or comprises . . . matter which may . . . falsely suggest a connection with persons . . . institutions . . . ." The U.S. government, as well as government agencies and instrumentalities, are considered juristic persons or institutions within the meaning of the statute. "[T]he rights