| Serial Number | 87240231 |
| Word Mark | IBGARD STARTS WORKING IN 24 HOURS INDIVIDUALLY TRIPLE-COATED SUSTAINED RELEASE MICROSPHERES OF ULTRAMEN, AN ULTRA-PURIFIED PEPPERMINT OIL |
| Filing Date | Thursday, November 17, 2016 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, March 15, 2024 |
| Registration Number | 5279811 |
| Registration Date | Tuesday, September 5, 2017 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 20, 2017 |
| Description of Mark | The mark consists of the coined word mark "IBGARD" in stylized lettering which has been superimposed upon a design of a shield. Both the word mark "IBGARD" and the shield design contain exterior border elements as well as interior border elements. The shield design also includes the wording "STARTS WORKING IN 24 HOURS" within a banner design above the word "IBGARD" and the wording "INDIVIDUALLY TRIPLE-COATED SUSTAINED RELEASE MICROSPHERES OF ULTRAMEN, AN ULTRA-PURIFIED PEPPERMINT OIL" in stylized lettering located below the word "IBGARD". The shield design includes an image of a broken capsule superimposed upon the bottom of the shield which has horizontal lines thereon and images of microspheres emitting therefrom, and which is also surrounded by a border element resembling a glow. The coined word "IBGARD", 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 "STARTS WORKING IN 24 HOURS GENTLE, FAST, RELIABLE" are green. The exterior border element of the wording "IBGARD" is black. The wording " INDIVIDUALLY TRIPLE-COATED SUSTAINED RELEASE MICROSPHERES OF ULTRAMEN, AN ULTRA-PURIFIED PEPPERMINT OIL", the interior background of the banner design, the microspheres, the border glow on the outside of the capsule design and the horizontal lines superimposed upon the capsule design are white. |
| Goods and Services | Pharmaceutical preparations for the treatment of gastrointestinal disorders; medicinal food preparations, namely, capsules and sachets comprising fiber and peppermint oil in the form of enteric-coated multi-particulates for use in the treatment of gastrointestinal disorders; vitamins and nutritional supplements for use in the field of gastrointestinal disorders; 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 |
| Pseudo Mark | IRRITABLE BOWL GUARD STARTS WORKING IN TWENTY FOUR HOURS INDIVIDUALLY TRIPLE-COATED SUSTAINED RELEASE MICROSPHERES OF ULTRAMEN, AN ULTRA-PURIFIED PEPPERMINT OIL |
| Indication of Colors claimed | The color(s) gold, green, black and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "STARTS WORKING IN 24 HOURS INDIVIDUALLY TRIPLE-COATED SUSTAINED RELEASE MICROSPHERES AND AN ULTRA-PURIFIED PEPPERMINT OIL" |
| 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, March 15, 2024 |
| Primary Code | 005 |
| First Use Anywhere Date | Monday, February 29, 2016 |
| First Use In Commerce Date | Monday, February 29, 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, March 15, 2024 | CANCELLED SEC. 8 (6-YR) |
| Monday, September 5, 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, September 5, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, June 20, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, June 20, 2017 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 31, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, May 9, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, May 9, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, May 9, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 9, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, May 9, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, May 3, 2017 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, March 14, 2017 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Thursday, February 23, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 22, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, February 21, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 21, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, December 22, 2016 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Thursday, December 22, 2016 | PRIORITY ACTION E-MAILED |
| Thursday, December 22, 2016 | PRIORITY ACTION WRITTEN |
| Monday, December 19, 2016 | ASSIGNED TO EXAMINER |
| Thursday, November 24, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, November 23, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, November 21, 2016 | NEW APPLICATION ENTERED |