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Test Your TTAB Judge-Ability on this Specimen of Use for Health-Care Administration Services

Gateway Health Plan sought to register the mark BEEMSS for "administration of Medicaid managed health care plans," but Examining Attorney Steven Jackson maintained that Applicant's specimen "fails to show proper use of the applied for mark in the sale or advertising of the recited services." Applicant's specimen of use, in its entirely, may be viewed by clicking on the link below. What do you think? In re Gateway Health Plan, L.P., Serial No. 77063878 (October 26, 2010) [not precedential].Full specimen hereTo satisfy the Section 45 definition of "service mark," a term must be used in such a manner that it would be readily perceived as identifying the services and distinguishing their source. "The mere fact that a designation appears on a specimen does not make it a service mark...continue to full post

Full post as published by The TTABlog on November 08, 2010 (boomark / email).