Thomas D. Foster, APC v. Coke Morgan Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director, United States Patent and Trademark Office

Whether the Federal Circuit improperly considered government developments that postdate a trademark applicant’s filing to support a refusal under Section 2(a) of the Lanham Act, despite the applicant's statutory right to constructive use based on the application’s filing date.

Whether the Federal Circuit improperly deferred to the USPTO’s statutory interpretation of Section 2(a) after this Court’s ruling in Loper Bright Enterprises v. Raimondo, which reaffirmed the judiciary’s duty to independently interpret the law under the Administrative Procedure Act.

Whether Section 2(a)’s prohibition against marks that “falsely suggest a connection” is unconstitutionally vague as applied to an intent‑to‑use trademark application which the USPTO claims references a fictionalized entity that did not exist at the time of filing.