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Federal Circuit Reasserts Limits On USPTO Authority In 'KAHWA' Ruling

The decision reasserts important limits on the USPTO’s authority, particularly its reliance on unverified foreign-language translations, hypothetical assumptions about what businesses “might” offer in the future, and tenuous connections between a word and a service category.

6 minute read January 01, 2026 at 12:05 AM
By
Andriy Lytvyn
Federal Circuit Reasserts Limits On USPTO Authority In 'KAHWA' Ruling

When a St. Petersburg, FL–based coffee company applied to register its long-standing brand name as a federal trademark, no one expected the case to become a touchstone for how the U.S. Patent and Trademark Office (USPTO) evaluates evidence — and how far it may go when speculating about market conditions.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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