This morning the Federal Circuit issued one nonprecedential opinion in a trademark case, one nonprecedential opinion in a Merit Systems Protection Board case, one nonprecedential erratum, and six nonprecedential Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.

In re Copeland-Smith (Nonprecedential)

David Copeland-Smith appeals from an order of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“the Board”) refusing his application to register the mark BEAST MODE SOCCER for t-shirts and soccer balls. J.A. 1–18. For the reasons set forth below, we affirm.

Wiggins v. OPM (Nonprecedential)

Florene Wiggins appeals from the decision of the Merit Systems Protection Board affirming the denial of her claim for a Federal Employees Retirement System (FERS) survivor annuity under 5 U.S.C. § 8339(k)(2)(A). The Board’s decision relied in part on Schoemakers v. Office of Personnel Management, 180 F.3d 1377 (Fed. Cir. 1999), a decision by this court holding that § 8339(k)(2)(A)’s two-year dead- line for election of a survivor’s annuity cannot be waived due to an annuitant’s mental impairment. Ms. Wiggins asks this court to overrule Schoemakers. For at least the reason that we do not have the authority to grant Ms. Wiggins’s requested relief, we affirm.

Bedgear, LLC v. Fredman Bros. Furniture Co. (Erratum)

Please make the following change:

On page 10, lines 3–4, replace “PTO Director/Under-Secretary of Commerce” with “Secretary of Commerce.”

Rule 36 Judgments