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Precedential No. 31: TTAB Reviews Specimen Brochure, Affirms Failure-to-Function Refusal

Finding that the mark fails to function as a service mark, the Board affirmed a refusal to register LIQUIDADVANTAGE, in standard character form, for "custom manufacturing of pharmaceuticals featuring liquid fill and finish technology." In the specimen of use, the term was used to refer to Applicant DSM's proprietary software but not to the recited services. In re DSM Pharmaceuticals, Inc., Serial No. 78373640 (June 4, 2008) [precedential].The Board perused the specimen one-page brochure submitted by the Applicant (see page 4 of the decision), and found it wanting:"As the examining attorney observed, the term LIQUIDADVANTAGE in this specimen clearly refers to a proprietary software by that name. Nowhere does the specimen show a direct association between use of the proposed LIQUIDADVANTAGE mark and 'custom manufacturing of pharmaceuticals featuring liquid fill and finish technology...continue to full post

Full post as published by The TTABlog on June 09, 2008 (boomark / email).