TTAB Blocks Attorney's 'Birth Justice' Trademark Application

The Trademark Trial and Appeal Board ruled on September 10, 2026, that attorney Emily Grace Thomas cannot register the 'Birth Justice' trademark because her former firm, Olsman, MacKenzie, Peacock & Wallace PC, had used the mark in commerce before her application. The board determined that all commercial use by Thomas prior to filing occurred within the scope of her employment at the firm.

Thomas had designed the logo before joining the firm and helped refine it for her practice area. The firm successfully opposed her application, arguing that the mark was never used by her independently before her employment. The TTAB concluded that the firm's prior use prevented Thomas from claiming rights sufficient for registration.

The decision highlights issues of ownership in marks developed or used during employment relationships. Thomas had sought to register the mark for legal services related to birth justice advocacy.