Whether the Federal Circuit improperly considered post-filing government developments to refuse a trademark application and whether Section 2(a)'s prohibition against marks that falsely suggest a connection is unconstitutionally vague

1. Whether the Federal Circuit improperly considered government developments that post date 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. 2. 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. 3. 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. ii PARTIES TO PROCEEDING Petitioner, THOMAS D. FOSTER, APC, is a California professional corporation and was the applicant of a trademark application to the United States Patent and Trademark Office, US SPACE FORCE (Serial No. 87981611) . Petitioner was the Appellant before the United States Patent and Trademark Office, Trademark Trial and Appeal Board, and was the Appellant before the United States Court of Appeals for the Federal Circuit. Petitioner is not a publicly owned corporation or subsidiary or affiliate of a publicly owned corporation. Respondent is Coke Morgan Stewart, Acting Director of the United States Patent and Trademark Office. Respondent is not a publicly owned corporation or subsidiary or affiliate of a publicly owned corporation.