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June 30, 2025 TMtelegram Hello Reader, In May 2025, the Federal Circuit upheld the USPTO’s refusal to register the mark US SPACE FORCE—but not for the reason most people expect. The issue wasn’t likelihood of confusion. It was something else: false suggestion of a connection. This refusal falls under Section 2(a) of the Lanham Act, which bars registration of any mark that falsely suggests a link with: A person (living or dead) An institution A belief or A national symbol In this case, the...
June 23, 2025 TMtelegram Hello Reader, A recent case before the Trademark Trial and Appeal Board (TTAB) highlights a hard truth: you can lose a trademark dispute not because your argument is wrong—but because your paperwork is incomplete. In Superior Brands v. Retrobrands America, Superior tried to cancel a Supplemental Register trademark (KINNEY SHOES) based on a likelihood of confusion with their own intent-to-use application for a similar mark. Their argument? Their application was filed...
June 16, 2025 TMtelegram Hello Reader, Think your trademark is safe because another business with a similar name is far away? Think again. Recent cases confirm that geographical distance no longer guarantees protection from trademark infringement claims. With online commerce bridging physical gaps, consumers can easily be confused—even across great distances. Always do a thorough nationwide trademark search before you settle on a brand name. And remember, federal registration of your...