California Intellectual Property Blog


Department of the Air Force files “Space Force” logo trademarks

Orange County – On July 21, the Department of the Air Force filed two more trademarks for its Space Force branch. The Air Force’s latest two trademark filings, serial number 90064981 and 90064998, are variations of the newest military branch’s logo. The Air Force unveiled these designs at the Pentagon on July 22.

The new logo has an arrow pointing up and a star in the center of the arrow. The design represents Polaris, the north star. The elements of this logo invoke the history of the Air Force and the space domain. If granted, these trademarks will protect a variety of consumer goods including clothing, keychains, backpacks, belt buckles, and golf clubs.

The Air Force now has four pending trademark registrations related to the Space Force. These trademarks include “United States Space Force,” “USSF,” and “Space Force.” In addition to the newest trademarks with the logo, the Air Force also owns the trademarks with serial number 88338255 and 88924951. The Air Force filed these earlier trademarks on March 13, 2019, and May 20, 2020, respectively. Each trademark is registered as “intent to use.” The branch name and logo are not yet being used in commerce.

First announced in 2018, the Space Force was in the news again in January 2019. At that time, Netflix greenlit a series with the same name. The agency popped up again in May 2020, due to a potential trademark dispute with Netflix. Although amusing to think of a Space Force led by Steve Carrell taking on an actual branch of the US Military, the headlines don’t carry the full story. Netflix did register “Space Force” in other countries, including Australia, Europe, and Mexico, according to The Hollywood Reporter. But, the streaming giant hasn’t filed any “Space Force” trademarks in the US. An Air Force spokesman stated that the military department is “not aware of any trademark conflicts” with the streaming show.

There might not be any conflicts between the Air Force and Netflix at the moment. This could change in the future. Unlike other countries, the United States bases its trademarks on a “use in commerce” standard. The first person to use a particular trademark can keep using it, even if someone else registers it first. At the moment, Netflix doesn’t have any pending “Space Force” trademarks in the US. However, it may create “Space Force” merchandise in the future. Netflix creating and marketing its show may give it a leg up in a potential confrontation with the Air Force down the road. As a result, Netflix may win the battle over who can sell backpacks, and t-shirts bearing the “Space Force” name.

Right now, there’s only one active registered Space Force trademark in the United States. This trademark, with Registration Number 5608716, belongs to Hop and Barrel Brewing Company. This trademark protects the brewing company’s “Space Force Double IPA.” Additionally, several other Space Force trademarks filed by other groups in the past two years are still pending. If granted, they would protect action figures, energy drinks, and parking lot services.


Happy Clients: