TRITUSS -ER CAPLETS EXPECTORANT ANTITUSSIVE DEGONGESTANT

Everett Laboratories, Inc.

Application Filed: 2004-11-01
Trademark Application Details
Trademark Logo TRITUSS -ER CAPLETS EXPECTORANT ANTITUSSIVE DEGONGESTANT

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.

Mark For: TRITUSS -ER CAPLETS EXPECTORANT ANTITUSSIVE DEGONGESTANT® trademark registration is intended to cover the categories of 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). [all]

>The color(s) pink, red, and white is/are claimed as a feature of the 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.

Status

2022-05-05 UTC
DEAD REGISTRATION Cancelled Invalidated
The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.


Research OneLook Acronym Finder
Serial Number76639010
Registration Number3379873
Mark Literal ElementsTRITUSS -ER CAPLETS EXPECTORANT ANTITUSSIVE DEGONGESTANT
Mark Drawing Type3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Mark TypeTRADEMARK
Standard Character ClaimNo
RegisterPRINCIPAL
Current LocationPUBLICATION AND ISSUE SECTION 2008-02-12
Basis1(a)
Class StatusSECTION 8 - CANCEL
Primary US Classes
  • 006: Chemicals and Chemical Compositions
  • 018: Medicines and Pharmaceutical Preparations
  • 044: Dental, Medical and Surgical Appliances
  • 046: Foods and Ingredients of Foods
  • 051: Cosmetics and Toilet Preparations
  • 052: Detergents and Soaps
Primary International Class
  • 005 - Primary Class
  • (Pharmaceuticals) 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.
Filed UseYes
Current UseYes
Intent To UseNo
Filed ITUNo
44D FiledNo
44E CurrentNo
66A CurrentNo
Current BasisNo
No BasisNo
Cancellation Code2
Attorney NameDon J. Pelto
Attorney Docket Number48508-00058
Law Office AssignedL40
Employee NameFINNEGAN, TIMOTHY J

Timeline

2003-08-26Date of First Use
2003-08-26Date of Use In Commerce
2004-11-01Application Filed
2007-11-27Published
2007-11-27Published for Opposition
2008-02-12Location: PUBLICATION AND ISSUE SECTION
2008-02-12Trademark Registered
2014-09-19Cancelled
2014-09-19Status: Dead/Cancelled
2014-09-19Status: Registration cancelled because registrant did not file an acceptable declaration under Section 8. To view all documents in this
2018-07-08Transaction Date

Trademark Parties (Applicants & Owners)

Party: Everett Laboratories, Inc.
Address29 Spring Street West Orange, NEW JERSEY UNITED STATES 07052
Legal Entity TypeCorporation
Legal Entity StateNEW JERSEY

Design Search Codes

02.11.25Blood vessels, human; Brain, human; Buttocks, human; Human, other parts of the body; Intestines, human; Lungs, human; Nerves, human; Nose, human; Spine, human; Tongue, human
26.01.06Circles, semi; Semi
26.11.14Rectangles (three or more rectangles); Three or more rectangles
26.11.16Rectangles touching or intersecting
26.11.20Rectangles inside one another
26.11.21Rectangles that are completely or partially shaded
26.17.01Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.04Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
26.17.05Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
020102Men depicted as shadows or silhouettes of men; Silhouettes of men
021125Blood vessels, human; Brain, human; Buttocks, human; Human, other parts of the body; Intestines, human; Lungs, human; Nerves, human; Nose, human; Spine, human; Tongue, human
260106Circles, semi; Semi
261114Rectangles (three or more rectangles); Three or more rectangles
261116Rectangles touching or intersecting
261120Rectangles inside one another
261121Rectangles that are completely or partially shaded
261701Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
261704Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
261705Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Attorney of Record

Don J. Pelto
Sheppard Mullin Richter & Hampton LLP
11th Floor
1300 I Street NW
Washington DC 20005-3314

Good, Services, and Codes

(CANCELLED)
IC 005. US 006 018 044 046 051 052. G & S: 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). FIRST USE: 20030826. USED IN ANOTHER FORM The mark was first used anywhere in a different form other than that sought to be registered on 08/26/2003. FIRST USE IN COMMERCE: 20030826

International Codes:5
U.S. Codes:006,018,044,046,051,052
Type CodeType
AF0051The mark was first used anywhere in a different form other than that sought to be registered on 08/26/2003

Trademark Filing History

DescriptionDateProceeding Number
CANCELLED SEC. 8 (6-YR)2014-09-19
REGISTERED-PRINCIPAL REGISTER2008-02-12
PUBLISHED FOR OPPOSITION2007-11-27
NOTICE OF PUBLICATION2007-11-07
LAW OFFICE PUBLICATION REVIEW COMPLETED2007-10-2476984
ASSIGNED TO LIE2007-10-2476984
APPROVED FOR PUB - PRINCIPAL REGISTER2007-09-24
TEAS/EMAIL CORRESPONDENCE ENTERED2007-09-1888889
TEAS RESPONSE TO OFFICE ACTION RECEIVED2007-09-18
CORRESPONDENCE RECEIVED IN LAW OFFICE2007-09-1888889
NON-FINAL ACTION WRITTEN2007-03-1978426
NON-FINAL ACTION E-MAILED2007-03-196325
TEAS/EMAIL CORRESPONDENCE ENTERED2007-02-2488889
TEAS RESPONSE TO OFFICE ACTION RECEIVED2007-02-23
CORRESPONDENCE RECEIVED IN LAW OFFICE2007-02-2388889
TEAS CHANGE OF CORRESPONDENCE RECEIVED2007-02-02
NON-FINAL ACTION WRITTEN2006-08-2578426
NON-FINAL ACTION E-MAILED2006-08-256325
NON-FINAL ACTION WRITTEN2006-08-2478426
NON-FINAL ACTION E-MAILED2006-08-246325
TEAS/EMAIL CORRESPONDENCE ENTERED2006-08-0478413
TEAS RESPONSE TO OFFICE ACTION RECEIVED2006-07-28
CORRESPONDENCE RECEIVED IN LAW OFFICE2006-07-2878413
NON-FINAL ACTION WRITTEN2006-01-3178426
NON-FINAL ACTION E-MAILED2006-01-316325
NON-FINAL ACTION WRITTEN2005-06-2478426
NON-FINAL ACTION E-MAILED2005-06-246325
NEW APPLICATION ENTERED IN TRAM2005-06-20
ASSIGNED TO EXAMINER2005-06-2078426

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