| Serial Number | 76639010 |
| Word Mark | TRITUSS -ER CAPLETS EXPECTORANT ANTITUSSIVE DEGONGESTANT |
| Filing Date | Monday, November 1, 2004 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, September 19, 2014 |
| Registration Number | 3379873 |
| Registration Date | Tuesday, February 12, 2008 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 27, 2007 |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered on 08/26/2003 |
| In Another Form Statement | The mark was first used in a different form other than that sought to be registered in commerce on 08/26/2003. |
| Indication of Colors claimed | The color(s) pink, red, and white is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "CAPLETS", "EXPECTORANT", "ANTITUSSIVE", AND "DECONGESTANT" |
| Description of Mark | The mark consists of a distinctive trade dress characterizing the packaging for owner's product. The color red appears in the wording EXPECTORANT and ANTITUSSIVE and DECONGESTANT, in the rectangular background to the wording TRITUSS-ER CAPLETS, and as parallel vertical and single horizontal lines located on the edges of the drawing. The color white appears in the wording TRITUSS-ER CAPLETS. The color pink appears as background to the entire drawing and in the anatomical drawing. |
| Goods and Services | Prescription pharmaceutical preparations for use in providing temporary relief of cough, nasal congestion, and other symptoms associated with colds or seasonal or perennial allergic vasomotor rhinitis (hay fever) |
| 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, September 19, 2014 |
| Primary Code | 005 |
| First Use Anywhere Date | Tuesday, August 26, 2003 |
| First Use In Commerce Date | Tuesday, August 26, 2003 |
| Party Name | Everett Laboratories, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | West Orange, NJ 07052 |
| Party Name | Everett Laboratories, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | West Orange, NJ 07052 |
| Party Name | Everett Laboratories, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | West Orange, NJ 07052 |
| Event Date | Event Description |
| Friday, September 19, 2014 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, February 12, 2008 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, November 27, 2007 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 7, 2007 | NOTICE OF PUBLICATION |
| Wednesday, October 24, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, October 24, 2007 | ASSIGNED TO LIE |
| Monday, September 24, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, September 18, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, September 18, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 18, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, March 19, 2007 | NON-FINAL ACTION E-MAILED |
| Monday, March 19, 2007 | NON-FINAL ACTION WRITTEN |
| Saturday, February 24, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, February 23, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 23, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, February 2, 2007 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, February 2, 2007 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Friday, August 25, 2006 | NON-FINAL ACTION E-MAILED |
| Friday, August 25, 2006 | NON-FINAL ACTION WRITTEN |
| Thursday, August 24, 2006 | NON-FINAL ACTION E-MAILED |
| Thursday, August 24, 2006 | NON-FINAL ACTION WRITTEN |
| Friday, August 4, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, July 28, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, July 28, 2006 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, January 31, 2006 | NON-FINAL ACTION E-MAILED |
| Tuesday, January 31, 2006 | NON-FINAL ACTION WRITTEN |
| Friday, June 24, 2005 | NON-FINAL ACTION E-MAILED |
| Friday, June 24, 2005 | NON-FINAL ACTION WRITTEN |
| Monday, June 20, 2005 | ASSIGNED TO EXAMINER |
| Monday, June 20, 2005 | NEW APPLICATION ENTERED IN TRAM |