In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upheld a decision by the Trademark Trial and Appeal Board (TTAB) to deny registration of the trademark “US SPACE FORCE”—a case that offers a fascinating look at how intellectual property law interacts with national identity.
The Background
The term “Space Force” entered the public spotlight in March 2018, when then-President Donald Trump announced plans for a new branch of the military focused on space. By December 2019, the United States Space Force was officially established as the sixth branch of the U.S. Armed Forces.
However, just days after Trump’s 2018 announcement, intellectual property attorney Thomas Foster filed an application to register the trademark “US SPACE FORCE” for a range of goods and services, on behalf of his law firm. The timing was strategic—but ultimately not enough to secure the rights to the name.
The USPTO’s Rejection
The United States Patent and Trademark Office (USPTO) initially refused the application under Section 2(a) of the Lanham Act. This section bars trademarks that falsely suggest a connection with a person, institution, belief, or national symbol.
Foster appealed to the TTAB, which affirmed the USPTO’s refusal. He then requested a reconsideration, which was denied, and ultimately escalated the matter to the Federal Circuit Court.
The Legal Argument: Timing and Association
Foster’s main argument was that the trademark should be evaluated based on the facts at the time the application was filed, not on developments that occurred afterward—such as the formal establishment of the Space Force in 2019.
The court disagreed. It ruled that the proper time for evaluating whether a mark falsely suggests a connection is during the examination of the application, not when it was initially filed. This distinction was crucial, as by the time the application was examined, the U.S. government had clearly signaled its intent to use the name for a new military branch.
The Four-Part False Connection Test
To determine whether a mark falsely suggests a connection, courts apply a four-part test:
- the mark is the same as, or a close approximation of, the name or identity previously used by another person or institution;
- the mark would be recognized as such, in that it points uniquely and unmistakably to that person or institution;
- the person or institution named by the mark is not connected with the activities performed by the applicant under the mark; and
- the fame or reputation of the person or institution is such that, when the mark is used with the applicant’s goods or services, a connection with the person or institution would be presumed.
In this case, all four elements were met. “US SPACE FORCE” clearly pointed to a well-known, official government entity with no ties to Foster’s firm.
What the Court Emphasized
Importantly, the court clarified that the mark doesn’t have to be identical to a government name to create a false suggestion of connection. Even though the U.S. Space Force wasn’t formally in existence when the application was filed, the name “US SPACE FORCE” was unmistakably tied to the United States.
Foster attempted to bolster his argument by citing fictional uses of “Space Force” in pop culture, such as TV shows—but the court was unmoved. The unique and unmistakable association with a newly announced military institution outweighed any prior fictional use.
Final Thoughts
This case serves as a reminder that timing, context, and public perception are critical in trademark law—especially when national identity is at play. For attorneys and businesses alike, it underscores the importance of understanding not just what a mark says, but what it implies to the public.