Under the Trademark Act of 1946, § 2, 28 U.S.C. § 1051 et seq., a foreign government may oppose the registration of a mark, even if there is already a pending application for registration of the mark by the United States. The USPTO has an adversarial role, i.e., it must determine whether a mark meets that legal requirement for a foreign registration. It is the obligation of the applicant to prove that the mark, while not existing, is likely to succeed in commerce. The USPTO has no discretion to deny an application for registration pursuant to its rules or its traditional policies with respect to international applications. It may be an abuse of discretion for the USPTO to deny the application, however, where, for example, a mark is generic or descriptive, and would not lead to confusion or deception as to the nature of the goods or services of, or products or services of, a specific party. A rule or policy of the Trademark Office that is broad in scope may be held invalid by a court if inconsistent with the Trademark Act of 1946 and is inconsistent with the spirit of the Act. A failure or refusal of the Trademark Office to enforce an application pursuant to the Trademark Act may constitute an abuse of the Board. A rule that is not specific and is not supported with adequate factual circumstances to justify its application may be interpreted as preventing an applicant from complying with the Act. If such an application is in fact denied, a court may, if it finds a violation of the act, require the USPTO to cease or to initiate proceedings to enforce the Act against the applicant and, if it finds a violation of the Act, may require the USPTO to take certain corrective measures. The USPTO has filed its reply on September 18, 2008, and the case was heard on September 19, 2008. There is no dispute that appellant has established the requisite legal conditions under which it should be granted a registration, specifically, an international application for a mark consisting of the combination of the words “VICTORY” and “HELP US.
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United States Department of Labor Employees Compensation Appeals Board))) and)) DEPARTMENT OF COMMERCE, ) U.S. PATENT & TRADEMARK OFFICE, ) Arlington, VA, Employer)) F.G., Appellant Appearances: Appellant,
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