| Serial Number | 77213460 |
| Word Mark | TUSSO-XR |
| Filing Date | Friday, June 22, 2007 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, December 4, 2015 |
| Registration Number | 3610888 |
| Registration Date | Tuesday, April 28, 2009 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 10, 2009 |
| Indication of Colors claimed | The color(s) purple, white, green and black is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "B.I.D. NON-NARCOTIC SUSPENSION" |
| Description of Mark | The mark consists of the design of a purple rectangle at the top of the representation of the top and front sides of a box. On the upper half of the top of the box is a white oval with purple stippling along the outer edge and a grape cluster in white with purple stippling and outlining in the center of the oval, with a green stem, all on a purple rectangular background. Below this area is a large white rectangle, in which the term "TUSSO-XR" is centered, with "TUSSO -" in black and "XR" in purple, with two parallel straight horizontal purple lines above the term, and a shaded thin purple rectangle with the terms "B.I.D. NON-NARCOTIC SUSPENSION" in white below the term "TUSSO-XR". The "TUSSO-XR" term with the horizontal lines above it and shaded rectangle below it and the terms, "B.I.D. NON-NARCOTIC SUSPENSION", are repeated on the front of the box within a semicircle outlined in purple appearing within another large white rectangle, above a solid purple rectangle. The entire design is outlined in broken lines which are not part of the mark and serve only to show the position or placement of the mark. |
| Goods and Services | Prescription pharmaceutical preparations for use in providing temporary relief of dry, non-productive cough associated with upper and lower respiratory tract congestion |
| Lining/Stippling Statement | The stippling is a feature of the mark. |
| 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, December 4, 2015 |
| Primary Code | 005 |
| First Use Anywhere Date | Monday, October 9, 2006 |
| First Use In Commerce Date | Monday, October 9, 2006 |
| Party Name | Everett Laboratories, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | East Orange, NJ 07052 |
| Party Name | Everett Laboratories, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | East Orange, NJ 07052 |
| Party Name | Everett Laboratories, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | East Orange, NJ 07052 |
| Event Date | Event Description |
| Friday, December 4, 2015 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, April 28, 2009 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 10, 2009 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 21, 2009 | NOTICE OF PUBLICATION |
| Thursday, January 8, 2009 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, January 7, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Sunday, January 4, 2009 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Friday, December 19, 2008 | DATA MODIFICATION COMPLETED |
| Friday, December 12, 2008 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, December 1, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Monday, December 1, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, December 1, 2008 | EXAMINER'S AMENDMENT ENTERED |
| Monday, December 1, 2008 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, December 1, 2008 | EXAMINERS AMENDMENT E-MAILED |
| Monday, December 1, 2008 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, October 14, 2008 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, October 14, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 8, 2008 | PAPER RECEIVED |
| Thursday, May 22, 2008 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Thursday, May 22, 2008 | PRIORITY ACTION E-MAILED |
| Thursday, May 22, 2008 | PRIORITY ACTION WRITTEN |
| Thursday, May 22, 2008 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Thursday, May 22, 2008 | WITHDRAWN FROM PUB - EXAMINING ATTORNEY REQUEST |
| Thursday, May 22, 2008 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, May 22, 2008 | ASSIGNED TO LIE |
| Wednesday, May 21, 2008 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, March 24, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, March 24, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, March 24, 2008 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, September 25, 2007 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, September 25, 2007 | NON-FINAL ACTION E-MAILED |
| Tuesday, September 25, 2007 | NON-FINAL ACTION WRITTEN |
| Monday, September 24, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, June 27, 2007 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, June 26, 2007 | NEW APPLICATION ENTERED IN TRAM |