| Serial Number | 87237229 |
| Word Mark | FDGARD GENTLE, FAST, RELIABLE INDIVIDUALLY TRIPLE-COATED MICROSPHERES OF CARAWAY OIL AND I-MENTHOL |
| Filing Date | Tuesday, November 15, 2016 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, November 3, 2023 |
| Registration Number | 5186643 |
| Registration Date | Tuesday, April 18, 2017 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 31, 2017 |
| Description of Mark | The mark consists of the coined word mark "FDGARD" in stylized lettering which has been superimposed upon a design of a shield. Both the word mark "FDGARD" and the shield design contain exterior border elements as well as interior border elements. The shield design also includes the wording "GENTLE, FAST, RELIABLE" within a banner design above the word "FDGARD" and the wording "INDIVIDUALLY TRIPLE-COATED MICROSPHERES OF CARAWAY OIL AND I-MENTHOL" in stylized lettering located below the word "FDGARD". The shield design includes an image of a broken capsule superimposed upon the bottom of the shield with images of microspheres emitting therefrom. The coined word "FDGARD", the interior elements therein and the exterior and interior border elements of the shield design are gold. The interior of the shield design, the capsule design and the wording "GENTLE, FAST, RELIABLE" are purple. The exterior border element of the wording "FDGARD" is black. The wording "INDIVIDUALLY TRIPLE-COATED MICROSPHERES OF CARAWAY OIL AND I-MENTHOL" and the interior background of the banner design is white. |
| Goods and Services | Nutritional supplements; medicinal food preparations in the nature of GRAS ("generally recognized as safe") active moieties in the form of enteric-coated multi-particulates sold as a key component of, namely, capsules, tablets and sachets for use in the management of gastrointestinal diseases and disorders; and capsules, tablets and sachets in the form of enteric-coated multi-particulates for use in the management of gastrointestinal diseases and disorders |
| Indication of Colors claimed | The color(s) gold, purple, black and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "GENTLE FAST RELIABLE INDIVIDUALLY TRIPLE-COATED MICROSPHERES OF CARAWAY OIL AND I-MENTHOL" |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, November 3, 2023 |
| Primary Code | 005 |
| First Use Anywhere Date | Tuesday, May 31, 2016 |
| First Use In Commerce Date | Tuesday, May 31, 2016 |
| Party Name | SOCIÉTÉ DES PRODUITS NESTLÉ S.A. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 33 - NOT AVAILABLE |
| Address | VEVEY 1800 CH |
| Party Name | Zx Pharma LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Boca Raton, FL 33487 |
| Party Name | Zx Pharma LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Boca Raton, FL 33487 |
| Party Name | Zx Pharma LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Boca Raton, FL 33487 |
| Event Date | Event Description |
| Friday, November 3, 2023 | CANCELLED SEC. 8 (6-YR) |
| Monday, April 18, 2022 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Wednesday, April 14, 2021 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Wednesday, April 14, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, April 14, 2021 | TEAS CHANGE OF DOMESTIC REPRESENTATIVES ADDRESS |
| Wednesday, April 14, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, April 14, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, April 14, 2021 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Wednesday, April 7, 2021 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, April 18, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, January 31, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 31, 2017 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 11, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, December 20, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, December 19, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, November 22, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, November 21, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, November 18, 2016 | NEW APPLICATION ENTERED |