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Precedential No. 26: "OSMODEX" Specimens Fail to Show Use as Service Mark, TTAB Rules

In yet another specimen-of-use case, this one precedential, the Board affirmed a refusal to register the mark OSMODEX for "consultation services regarding controlled release drug delivery technology for pharmaceutical companies," on the ground that the mark does not function as a service mark. The Board agreed with Examining Attorney Lourdes D. Ayala that, although Applicant's specimens include the word OSMODEX "and purportedly make reference to applicant's consulting services, ... the mark would be perceived by the relevant public as identifying only applicant's drug delivery technology, and not as identifying consulting services." In re Osmotica Holdings Corporation, Serial No. 77314455 (June 9, 2010) [precedential].(click on photo for larger view)The Examining Attorney maintained that the mark OSMOTICA is used in connection with the only reference to "consulting" and that OSMODEX merely refers to one of Applicant's many technologies...continue to full post

Full post as published by The TTABlog on July 02, 2010 (boomark / email).