The U.S. Court of Appeals for the Federal Circuit recently upheld the U.S. Patent and Trademark Office’s decision to reject a trademark application by Thomas D. Foster, a San Diego attorney, for the term “US Space Force.” The court determined that the term could falsely suggest a connection to the U.S. government, which is grounds for refusal under trademark law.
Foster’s application, which dates back to 2018, aimed to trademark “US Space Force” for potential use in a movie or comic book franchise. Foster contended that this rejection was a legal misstep lacking evidential support. However, the appellate court explained that Foster’s situation differs from a 2021 ruling in Piano Factory Group v. Schiedmayer Celesta GmbH, as it involved refusal to register, whereas the latter case concerned the timing of mark registration.