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 (11 - Trademark Details
Status: 606 - Abandoned - No Statement Of Use Filed
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 (11
Status
606 - Abandoned - No Statement Of Use Filed
Status Date
2008-03-13
Filing Date
2004-02-24
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
020505, 020524, 032101, 170102, 190709, 261705 - Boy(s). Stylized children, including children depicted in caricature form. Serpent and staff (Caduceus-medical symbol). Clocks, including clock or watch faces alone. Other small boxes. Horizontal line(s), band(s) or bar(s).
Published for Opposition Date
2006-06-20
Law Office Assigned Location Code
L80
Employee Name
CARRUTHERS, ALICE S
Statements
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.
Desription 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)
Classification Information
International Class
5 - Pharmaceutical, veterinary and sanitary preparations; 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. - Pharmaceutical, veterinary and sanitary preparations; 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
2004-03-10
Primary Code
005
Correspondences
Name
Bret I. Parker, Michele A. Farber, David
Address
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Prior Registrations
| Relationship Type | Reel Number |
| Prior Registration | 0515197 |
| Prior Registration | 0837010 |
| Prior Registration | 0837011 |
Trademark Events
| Event Date | Event Description |
| 2004-03-10 | NEW APPLICATION ENTERED IN TRAM |
| 2004-09-14 | ASSIGNED TO EXAMINER |
| 2004-09-16 | NON-FINAL ACTION WRITTEN |
| 2004-09-16 | NON-FINAL ACTION E-MAILED |
| 2005-03-11 | TEAS REVOKE/APPOINT ATTORNEY RECEIVED |
| 2005-03-11 | ATTORNEY REVOKED AND/OR APPOINTED |
| 2005-03-15 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2005-03-15 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2005-04-15 | AMENDMENT FROM APPLICANT ENTERED |
| 2005-05-02 | FINAL REFUSAL WRITTEN |
| 2005-05-02 | FINAL REFUSAL E-MAILED |
| 2005-11-02 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2005-11-02 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2005-11-15 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2005-12-05 | ACTION CONTINUING A FINAL - COMPLETED |
| 2005-12-05 | CONTINUATION OF FINAL REFUSAL E-MAILED |
| 2006-04-19 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2006-04-19 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2006-04-27 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2006-04-27 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2006-04-28 | ASSIGNED TO LIE |
| 2006-05-01 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2006-05-31 | NOTICE OF PUBLICATION |
| 2006-06-20 | PUBLISHED FOR OPPOSITION |
| 2006-09-12 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| 2007-03-05 | TEAS EXTENSION RECEIVED |
| 2007-03-05 | EXTENSION 1 FILED |
| 2007-06-11 | EXTENSION 1 GRANTED |
| 2007-08-14 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| 2007-08-14 | TEAS REVOKE/APPOINT ATTORNEY RECEIVED |
| 2007-08-14 | ATTORNEY REVOKED AND/OR APPOINTED |
| 2007-08-15 | TEAS EXTENSION RECEIVED |
| 2007-08-15 | EXTENSION 2 FILED |
| 2007-08-15 | EXTENSION 2 GRANTED |
| 2008-05-14 | ABANDONMENT - NO USE STATEMENT FILED |
| 2008-05-14 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
