The United States announced Space Force, a branch of the US armed services two years ago, but attorneys for the US military have done little to protect the name. Currently, the Air Force only owns a pending application in the US based on intent to use. Netflix, however, has already locked down the trademark rights for SPACE FORCE in Europe, Australia, Mexico and elsewhere.  

The military reportedly isn’t too worried about possible confusion over the Netflix sci-fi/comedy with the same name starring Steve Carrell. The streaming service premiered its Space Force series on May 29th this year. While the show’s name has no relation to the newest organization of the US military, the United States Space Force’s first battle might be a trademark war — fought in court, rather than in space.

Although SPACE FORCE is the name of both entities, there is a world of opportunity for both missions without evoking much confusion. The SPACE FORCE Netflix show full of political jabs at the current presidential administration, is unlikely to make its viewers think they’re watching a real-life documentary about the actual branch of the US military. Meanwhile, the actual US Space Force organization has yet to really liftoff.  

The issue here mostly revolves around merchandise. Since both entities are well recognized and reputable, consumers may have trouble discerning who is selling a line of Space Force shirts, for example. 

In the United States, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. It is not registration, but actual use of the mark that creates rights and priority over others. Although the US Space Force was first announced by President Donald Trump in March of 2018, it didn’t actually officially become an established organization of the military until December 2019.  Meanwhile, Netflix approved the 10-episode series in January 2019. If it comes down to a legal battle, that means Netflix may be able to easily demonstrate it was actually using the Space Force branding first. Netflix also has the First Amendment right to continue selling Space Force merchandise on the grounds of satire and parody.

An Air Force spokesperson told the Hollywood Reporter: “At this time, we are not aware of any trademark conflicts with the fictional program Space Force produced by Netflix. We wish Netflix and the show’s producers the best in their creative depiction of our nation’s newest branch of the military.” 

It’ll be interesting to see if any trademark dispute takes off here. 🚀