August 4, 2025

Hello Reader,

Most people assume that when the USPTO refuses a trademark application, that’s the end of the road. But every so often, a case comes along that reminds us: the USPTO isn’t always right, and their decisions can be overturned.

A recent example? The trademark ENAIRA, which the USPTO tried to block under Section 2(a) of the Lanham Act for supposedly suggesting a false connection with the Central Bank of Nigeria.

Despite a messy and prolonged prosecution history—including more than 20 filings, multiple accusations, and a lengthy record—the Trademark Trial and Appeal Board (TTAB) reversed the refusal. The applicant was acting pro se and had a reputation for being combative throughout the case. But none of that changed the legal analysis: when the law isn’t on the USPTO’s side, they don’t get to win.

Here’s what the Board had to consider: To refuse a trademark under Section 2(a) for false connection, the USPTO must prove four things:

1. That ENAIRA is the same as or a close approximation of the identity of the Central Bank of Nigeria;
2. That the mark points uniquely and unmistakably to that institution;
3. That the applicant is not connected with the Central Bank of Nigeria; and
4. That the Central Bank of Nigeria is so well-known in the United States that consumers would presume a connection.

The key issue was the fourth point—and the USPTO simply didn’t prove it. The examining attorney submitted dozens of web pages and articles referencing Nigeria’s digital currency and central bank, but most of them came from foreign websites. There was no evidence that U.S. consumers had seen those pages, visited the Nigerian Central Bank’s site, or were even aware of the eNaira at all.

There was also no proof of trade relationships, diaspora data, or consumer recognition studies—just broad assumptions. The TTAB ultimately held that this wasn’t enough. As the Board put it, when there’s significant doubt, that doubt must be resolved in the applicant’s favor.

And so, the refusal was reversed.

This doesn’t mean ENAIRA is off the hook forever. The Central Bank of Nigeria—or any other interested party—can still petition to cancel the registration if they come forward with stronger evidence. But the takeaway here is critical: the USPTO’s opinion is not final.

Takeaway Tips for Business Owners and Brand Builders:

• Don’t assume a refusal is the end. Sometimes the examining attorney overreaches.
• Read the refusal carefully. Is the argument based on assumptions or evidence?
• If your mark is being refused based on false connection with an institution or public figure, ask: Would the average American consumer really know that name?
• If the evidence isn’t there, you have the right to push back—and sometimes win.

Keep Your Brand Safe and Protected,​
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​J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. The USPTO has a tough job, but that doesn’t mean they’re always correct. If your application has been refused and you’re not sure what to do next, I can help you evaluate whether there’s a real path forward. Schedule a time and we’ll talk through your best options.

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