Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97257726

Filing Date: 02/08/2022

To the Commissioner for Trademarks:

MARK: MUCINEX FAST-MAX (stylized and/or with design, see mark)
The literal element of the mark consists of MUCINEX FAST-MAX. The color(s) red, blue, white and gray is/are claimed as a feature of the mark. The mark consists of a red bar in the upper left corner of a white background. In the center of the top half of the field is the stylized word "MUCINEX" in blue on above the stylized words "FAST-MAX" in white and to the left of the "F" in FAST-MAX appear three triangles in white pointed to the left and to the right of the "X" in FAST-MAX appear two overlapping triangles in grey pointed to the right within a blue background, all of which is surrounded by a grey outline. In the center below the wording is gray arc that tapers at the edges. A red tablet design appears the bottom right corner surrounded by a white aura resting within a solid and dotted red field.
The applicant, RB Health (US) LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      399 Interpace Parkway
      Parsippany, New Jersey 07054
      United States
      XXXX

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 005:  Pharmaceutical preparations and substances for the treatment of coughs and the symptoms of colds and influenza; preparations for the treatment of respiratory and pulmonary conditions; expectorants; decongestants; Pharmaceutical antitussive-cold preparations; Preparations for treating colds.

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/31/2016, and first used in commerce at least as early as 01/31/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) digital point of sale display.

Original PDF file:
SPE0-50231115242-20220207 150844422525_._MUCINEX_FA ST-MAX___Design_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.walmart.com/ip/Mucinex-Fast-Max-Maximum-Strength-Severe-Congestion-Cough-Multi-Symptom-Relief-Cough-Suppressant-Expectorant-Nasal-Decongestant-20-Caplets/32265572?athcpid=32265572&athpgid=AthenaItempage&athcgid=null&athznid=si&athieid=v0&athstid=CS004&athguid=RfXhV2TW7kHyPpyWfcVNhbx2HOi60Ci5Rrtg&athancid=null&athena=true
Webpage Date of Access: 02/07/2022




The owner's/holder's proposed attorney information: Mark Lerner, Esq.. Mark Lerner, Esq. of DUANE MORRIS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      230 Park Avenue, Suite 1130
      New York, New York 10169
      United States
      212-404-8714(phone)
      212 818-9606(fax)
      malerner@duanemorris.com
The docket/reference number is S4888-00668.
Mark Lerner, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Mark Lerner, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: malerner@duanemorris.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@duanemorris.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $350 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /charlieeveritt/   Date: 02/08/2022
Signatory's Name: Charlie Everitt
Signatory's Position: Group Head of Brand Protection
Signatory's Phone Number: 07408865200
Signature method: Sent to third party for signature
Payment Sale Number: 97257726
Payment Accounting Date: 02/08/2022

Serial Number: 97257726
Internet Transmission Date: Tue Feb 08 13:58:21 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202202081358219
03077-97257726-810a1fa4be72daa981eab6357
b3c9d884a196a6d5446f850a79db311eaecbc21e
-DA-58212352-20220207164219682317