Supreme Court Denies Petition for Certiorari in RAPUNZEL Consumer Standing Case

In an order issued this morning, the Supreme Court denied Professor Rebecca Curtin's petition for a writ of certiorari seeking review of the Federal Circuit's ruling in Curtin v. United Trademark Holdings, Inc., 2025 USPQ2d 784 (Fed. Cir. 2025) [precedential]. [TTABlogged here]. The CAFC had affirmed the Board's holding that "only commercial actors affected by the mark’s registration fall within the zone of interests to oppose the registration as generic, descriptive, or [failing to function as a trademark]," and it upheld the Board's dismissal of mere consumer Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures on the ground of lack of statutory standing. [Petition for certiorari here: Curtin v. United Trademark Holdings, Inc., No. 25-435 (October 3, 2025)].

Professor Curtin based her petition on the argument that the Lexmark test for statutory standing did not apply to administrative proceedings, and she pointed to a conflict in the circuit courts of appeal.

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TTABlogger comment: Too bad. Now I think the USPTO should return the application for further examination on the issues of genericness, mere descriptiveness, and failure to function.

Text Copyright John L. Welch 2026.