In In re Thomas D. Foster, APC, the US Court of Appeals for the Federal Circuit affirmed the denial of Thomas D. Foster, APC’s application to register the trademark US SPACE FORCE under Section 2(a) of the Lanham Act based on its finding that the mark falsely suggests a connection with the United States. The court held that, for Section 2(a) registration refusals, the false connection inquiry can include evidence arising after the application filing date and during the examination process.
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Post-Filing Evidence Proper for TTAB's False Suggestion Inquiry: Federal Circuit
