Supreme Court Denies Review in Trademark Standing Case

On June 1, 2026, the Supreme Court denied certiorari in Rebecca Curtin v. United Trademark Holdings, Inc., leaving intact the Federal Circuit’s decision that individual consumers lack statutory standing to oppose trademark applications under the Lanham Act.

The underlying dispute involved an application filed by United Trademark Holdings on November 20, 2017, to register RAPUNZEL for dolls and toys. Rebecca Curtin, a doll collector and consumer, opposed the mark on grounds that it was descriptive, generic, fraudulent, and failed to function as a trademark because it referenced a public-domain fairy-tale character. She argued that registration would limit consumer access to affordable similar products.

The TTAB dismissed the opposition, applying the zone-of-interests test from Lexmark International, Inc. v. Static Control Components, Inc. The Federal Circuit affirmed, holding that Curtin’s asserted injury was too remote and that she did not fall within the zone of interests protected by Section 1063 of the Lanham Act. The Supreme Court’s denial of review reinforces that trademark opposition proceedings are intended to protect commercial interests rather than generalized consumer concerns.

The ruling clarifies the requirements for standing in TTAB proceedings and limits the pool of potential challengers in oppositions and cancellations.

Sources: https://www.fitcheven.com/2026/06/01/ip-alert-the-supreme-court-declines-review-reinforcing-limitations-on-standing-in-trademark-proceedings/ https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-435.html