Amicus Brief

Test Masters Educational Services, Inc. v. Singh

Published: January 1, 2004


U.S. Court of Appeals for the Fifth Circuit

Our Position

By permanently denying a mark owner the ability to register a mark or contest a competitor’s attempt to register a similar mark, the U.S. district court ignored the possibility that trademark rights can change over time. Any such injunction must be made in light of factual findings of the case.


The appeals court held that a party could be permanently enjoined from applying for registration of a mark and could be enjoined from interfering with or opposing another party’s application for registration of a mark; however, such an injunction would need to be narrowly tailored to the facts.