Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77926629

Filing Date: 02/03/2010

To the Commissioner for Trademarks:

MARK: DR. SCHOLL'S RIGHT BOTTOM (stylized and/or with design, see mark)

The literal element of the mark consists of DR. SCHOLL'S RIGHT BOTTOM.
The color(s) blue and purple is/are claimed as a feature of the mark. The mark consists of a blue and purple insole. The entire bottom of the insole is blue, and overlapped with a 1/2 purple insole starting at insole's arch to heel of insole. Top of insole is composed of five descending arch lines with the number 12 in the middle of the first arch line, number 10 in the middle of the third arch line, and number 8 in the middle of the fifth arch line; and underneath a vertical oval design comprised of repetitive wavy u-shaped lines. Underneath and to the left of the vertical oval design a horizontal blue oval containing the name "Dr. Scholl's" in stylized lettering, and underneath the words "RIGHT" and "BOTTOM". The middle to lower portion of the blue insole is overlapped with a 1/2 purple curved-geometric shape insole. The top and middle portion of the 1/2 purple insole on the right-side is comprised of a vertical pattern of five rectangle-shapes of varying sizes. Under this and in the middle of the 1/2 purple insole, is a vertical blue oval design comprised of a series of horizontal wavy u-shaped lines.
The applicant, Schering-Plough HealthCare Products, Inc., a corporation of Delaware, having an address of
      3030 Jackson Avenue
      Memphis, Tennessee 38151
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 025:  Insoles

In International Class 025, the mark was first used at least as early as 01/00/2006, and first used in commerce at least as early as 01/00/2006, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Picture of product.
Specimen File1


The applicant claims ownership of U.S. Registration Number(s) 1255028, 1257297, 2402929, and others.

The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.

The applicant's current Attorney Information:
Sophie B. Anger and Nancy L. Rowe of Schering Corporation

      K-6-1 M1030
      2000 Galloping Hill Road
      Kenilworth, New Jersey 07033-0530
      United States

The applicant's current Correspondence Information:

Sophie B. Anger

Schering Corporation

K-6-1 M1030       2000 Galloping Hill Road

Kenilworth, New Jersey 07033-0530

(908) 298-3985(phone)

(908) 298-4817(fax)

trademarkus@spcorp.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Christopher Cortina/   Date Signed: 02/02/2010
Signatory's Name: Christopher Cortina
Signatory's Position: Senior Product Manager



RAM Sale Number: 18003
RAM Accounting Date: 02/03/2010

Serial Number: 77926629
Internet Transmission Date: Wed Feb 03 10:43:50 EST 2010
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201002031043504
63816-77926629-460a95d7e3f633e3785d6839b
46da5bc6b-DA-18003-20100202125838591297