MLex and Eric Perrott Discuss the Viability of the ‘Board of Peace’ Trademarks

The Director of the USPTO filed ‘Board of Peace’ trademark applications as a “custodian,” in order to prevent cybersquatters from filing for the name. Director Squires later confirmed that the trademarks would be transferred to the owning entity, once it is formed.

Eric Perrott discusses the unusual trademark case with MLex.

A fundamental tenet of trademark law is that applications must be filed by the owner of the mark, who has a bona fide intent to use the mark in commerce.

Eric Perrott, a partner at Gerben Perrott, said trademark law has long prohibited placeholder trademark filings.

“Our entire system is based on this idea that the trademark owner owns the trademark, and they’re the ones who are
allowed to register that trademark with the USPTO,” Perrott said. If a lawyer were to file on behalf of a private company in
such a way, the application would be “void ab initio … because the owner didn’t file.”

The USPTO Director’s filings will likely be challenged as another group also filed similar trademarks shortly after the government agency’s applications.

This case also raises questions about conflicts of interest within the United States Patent and Trademark Office: will the examining attorney be subjected to retaliation if they reject the application?

“The examiner could decide it’s not valid, although he’d probably risk his job,” said Perrott.

Source: Scherer, Steve. https://www.mlex.com/. “Board of Peace trademark applications thrust USPTO into uncharted territory”. 19 May 2026.