| Serial Number | 78372937 |
| Word Mark | ROBITUSSIN PEDIATRIC IMPROVED TASTE! COUGH COUGH SUPPRESSANT (DEXTROMETHORPHAN HBR) FOR CHILDREN CONTROLS COUGHS UP TO 8 HOURS CONTROLS COUGHS ALCOHOL FREE FRUIT PUNCH FLAVOR COUGH FORMULA 4 FL OZ (118 ML) |
| Filing Date | Tuesday, February 24, 2004 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Thursday, March 13, 2008 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, June 20, 2006 |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered on 12/31/1990. |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered on 12/31/1990. |
| Indication of Colors claimed | The colors white, black, red, gray and yellow are claimed as features of the mark. |
| Description of the Colors Claimed | The mark consists of a white field that is superimposed by a black rectangle at the top containing the trademark "ROBITUSSIN" in white, over which is a red banner containing the words "IMPROVED TASTE" in yellow, below which is the word "PEDIATRIC" in red, under which is the word "COUGH" in black. Immediately below are the words "COUGH SUPPRESSANT (DEXTROMTHORPHAN HBr)" in black, below which are the words "For Children" in white over an alternating black and white horizontal-line background, below which are alternating red and white horizontal lines containing on the upper left side a yellow flag, with the lower portion outlined in gray. On the flag are the words "Controls Coughs Up to" in black and "8 Hours" in red, attached to a stylized clock design in gray, white and red. Below the flag are the words "Controls COUGHS" in white. At the bottom is a fanciful male child wearing a red shirt with horizontal yellow lines, under which is a yellow banner containing the words "Alcohol-free" in red that is superimposed by a red caduceus outlined in gray, immediately below which are the words "Fruit Punch Flavor" in white and "COUGH FORMULA 4 FL OZ (118 mL)" in black. |
| Disclaimer with Predetermined Text | "all of the wording except ROBITUSSIN, as well as the caduceus," |
| Description of Mark | The mark consists of the front package design for the goods; the rectangle shape of the package is not part of the mark, but merely shows the position of the mark on the package. |
| Goods and Services | Pharmaceutical preparations, namely, cough and cold preparations |
| Pseudo Mark | ROBITUSSIN PEDIATRIC IMPROVED TASTE! COUGH COUGH SUPPRESSANT (DEXTROMETHORPHAN HBR) FOR CHILDREN CONTROLS COUGHS UP TO 8 HOURS CONTROLS COUGHS ALCOHOL FREE FRUIT PUNCH FLAVOR COUGH FORMULA 4 FLUID OUNCE (118 MILLILITER) |
| 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 | Wednesday, March 10, 2004 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Wyeth |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Madison, NJ 07940 |
| Party Name | Wyeth |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Madison, NJ 07940 |
| Event Date | Event Description |
| Wednesday, May 14, 2008 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Wednesday, May 14, 2008 | ABANDONMENT - NO USE STATEMENT FILED |
| Wednesday, August 15, 2007 | EXTENSION 2 GRANTED |
| Wednesday, August 15, 2007 | EXTENSION 2 FILED |
| Wednesday, August 15, 2007 | TEAS EXTENSION RECEIVED |
| Tuesday, August 14, 2007 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, August 14, 2007 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, August 14, 2007 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, June 11, 2007 | EXTENSION 1 GRANTED |
| Monday, March 5, 2007 | EXTENSION 1 FILED |
| Monday, March 5, 2007 | TEAS EXTENSION RECEIVED |
| Tuesday, September 12, 2006 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, June 20, 2006 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 31, 2006 | NOTICE OF PUBLICATION |
| Monday, May 1, 2006 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, April 28, 2006 | ASSIGNED TO LIE |
| Thursday, April 27, 2006 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, April 27, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, April 19, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 19, 2006 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, December 5, 2005 | CONTINUATION OF FINAL REFUSAL E-MAILED |
| Monday, December 5, 2005 | ACTION CONTINUING A FINAL - COMPLETED |
| Tuesday, November 15, 2005 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 2, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 2, 2005 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, May 2, 2005 | FINAL REFUSAL E-MAILED |
| Monday, May 2, 2005 | FINAL REFUSAL WRITTEN |
| Friday, April 15, 2005 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, March 15, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 15, 2005 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, March 11, 2005 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, March 11, 2005 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Thursday, September 16, 2004 | NON-FINAL ACTION E-MAILED |
| Thursday, September 16, 2004 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 14, 2004 | ASSIGNED TO EXAMINER |
| Wednesday, March 10, 2004 | NEW APPLICATION ENTERED IN TRAM |