The U.S. Court of Appeals for the Federal Circuit (CAFC) upheld the Trademark Trial and Appeal Board's (TTAB) decision to reject Thomas Foster's application for the 'US SPACE FORCE' mark. The court concluded that the mark suggested a false connection to the U.S. government, particularly following President Trump's announcement of the Space Force. Foster argued against the use of post-filing evidence in the decision-making process, but the CAFC affirmed that the TTAB's analysis is valid, as it considers the context of time regarding mark's registration.
"The false connection inquiry can... include evidence that comes into existence during the examination process." - CAFC
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