| Serial Number | 87117730 |
| Word Mark | FROM THE MAKERS OF BLUE-EMU LIDOCARE 4%LIDOCAINE PAIN RELIEF PATCH BACK/SHOULDER PATENT PENDING PRESSURE ADHESIVE PATCH PATCH SIZE 2.5" X 6" MADE IN THE USA ULTRA-FLEXIBLE ODOR-FREE FOR THE TEMPORARY RELIEF OF PAIN 3 PATCHES 1 PATCH PER POUCH |
| Filing Date | Wednesday, July 27, 2016 |
| Status | 702 - SECTION 8 & 15 - ACCEPTED AND ACKNOWLEDGED |
| Status Date | Wednesday, February 7, 2024 |
| Registration Number | 5288897 |
| Registration Date | Tuesday, September 19, 2017 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 4, 2017 |
| Description of Mark | The mark consists of a black background having the image of the back of a person outlined in light blue with the spine appearing in yellow and red. There are two circles outlined in red, one at the base of the neck where the spine appears in yellow and red, and one at the lower back where the spine appears in yellow and red. A yellow banner appears at the upper right corner of the mark with the stylized wording "FROM THE MAKERS OF BLUE-EMU" in black. Under the banner is the white stylized wording "LIDOCARE", beneath which appears the wording "4% LIDOCAINE" in yellow, which is above "PAIN RELIEF" in white, which is above "PATCH" in white, which is above "BACK/SHOULDER" in yellow. Beneath the words is a light gray rectangle having the words "PATENT PENDING" above "PRESSURE ADHESIVE" above "PATCH" above "PATCH SIZE" above "2.5" X 6"" all in black. The lower left-hand corner of the rectangle is turned upward and contains a dotted pattern in red upon a white background. The lower portion of the mark is light gray and contains the wording "ULTRA-FLEXIBLE" on top of "ODOR-FREE", in black, above "FOR THE TEMPORARY RELIEF OF PAIN" in medium gray, all to the right of "3" in black, with "PATCHES" in black written vertically next to the "3", all above "1 PATCH PER POUCH" in black. Just above is the black stylized wording "MADE IN" above "THE USA". The dotted outline is intended to show the position of the mark on the package and is not part of the mark. |
| Goods and Services | Medicated patches containing lidocaine for use in delivering pharmaceutical preparations for the treatment of pain |
| Pseudo Mark | FROM THE MAKERS OF BLUE-EMU LIDOCARE FOUR PERCENT LICOCAINE PAIN RELIEF PATCH BACK/SHOULDER PATENT PENDING PRESSURE ADHESIVE PATCH PATCH SIZE TWO POINT FIVE INCHES TIMES SIX INCHES MADE IN THE USA ULTRA-FLEXIBLE ODOR-FREE FOR THE TEMPORARY RELIEF OF PAIN THREE PATCHES ONE PATCH PER POUCH |
| Indication of Colors claimed | The color(s) black, light blue, yellow, white, light gray, medium gray, red, and blue is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "4% LIDOCAINE" AND "PAIN RELIEF PATCH" AND "BACK/SHOULDER" AND "PATENT PENDING" AND "PRESSURE ADHESIVE PATCH" AND "PATCH SIZE" AND "2.5" X 6"" AND "MADE IN THE USA" AND "3 PATCHES" AND "1 PATCH PER POUCH" AND "ULTRA-FLEXIBLE" AND "ODOR-FREE" AND "FOR THE TEMPORARY RELIEF OF PAIN" |
| 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 | 6 - Active |
| Class Status Date | Monday, August 1, 2016 |
| Primary Code | 005 |
| First Use Anywhere Date | Tuesday, March 1, 2016 |
| First Use In Commerce Date | Friday, March 25, 2016 |
| Party Name | NFI, LLC |
| Party Type | 32 - New Owner After Registration |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | BRISTOL, TN 37620 |
| Party Name | GREGORY PHARMACEUTICAL HOLDINGS, INC. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | BRISTOL, TN 37620 |
| Party Name | Nutrition & Fitness, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Bristol, TN 37620 |
| Party Name | Nutrition & Fitness, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Bristol, TN 37620 |
| Party Name | Nutrition & Fitness, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Bristol, TN 37620 |
| Event Date | Event Description |
| Wednesday, February 7, 2024 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Wednesday, February 7, 2024 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Wednesday, February 7, 2024 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, August 17, 2023 | TEAS SECTION 8 & 15 RECEIVED |
| Wednesday, August 16, 2023 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Monday, September 19, 2022 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Wednesday, March 24, 2021 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, September 19, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 4, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 4, 2017 | PUBLISHED FOR OPPOSITION |
| Wednesday, June 14, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, May 24, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, May 19, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 19, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 19, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, April 18, 2017 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Tuesday, April 18, 2017 | PRIORITY ACTION E-MAILED |
| Tuesday, April 18, 2017 | PRIORITY ACTION WRITTEN |
| Friday, April 14, 2017 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, April 11, 2017 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, March 20, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, March 6, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 6, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 6, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, November 15, 2016 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Tuesday, November 15, 2016 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
| Tuesday, November 15, 2016 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY |
| Tuesday, November 15, 2016 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
| Tuesday, November 8, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, August 2, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, August 1, 2016 | TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED |
| Monday, August 1, 2016 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Monday, August 1, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, July 30, 2016 | NEW APPLICATION ENTERED |