Serial Number: 85201556

Reg Number: 4223980

Word Mark: CHILDREN'S ALLEGRA 12 HOUR BERRY FLAVOR CHILDREN'S ALLEGRA BERRY FLAVOR READ LABEL DIRECTIONS CHILDREN'S ALLEGRA ALLERGY 2 TSP 10 ML 1TSP 5ML WASH AFTER USING

Goods and Services: IC 005. US 006 018 044 046 051 052. G & S: PHARMACEUTICAL PREPARATIONS, NAMELY, ANTIHISTAMINES NOT FOR OPHTHALMIC USE. FIRST USE: 20110303. FIRST USE IN COMMERCE: 20110303

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 11.01.25 - Brushes, basting; Chopsticks; Churns, butter (manual); Cups, measuring; Fruit juices, non-electric; Garlic presses (non-electric); Graters, cheese; Holders, kitchen utensil; Ice cube trays; Juicers, non-electric; Ladles (soup); Measuring cups; Napkin holders; Other non-electric kitchen utensils, utensil holders; Pasta makers, non-electric; Potato peelers; Racks, kitchen tool; Scoops, ice cream; Shakers, cocktail; Sharpeners, knife (non-electric)
17.01.02 - Clock faces (alone); Clock radios; Clocks; Radios with clock; Watch faces (alone)
20.03.10 - Bottle labels; Labels for bottles

Filing Date: 12/20/2010

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Aventisub II Inc. CORPORATION DELAWARE 3711 Kennett Pike, Suite 200 Greenville DELAWARE 19807

Attorney of Record: Midge M. Hyman

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHILDREN'S", "12 HOUR", "BERRY FLAVOR", "ALLERGY", "READ LABEL DIRECTIONS", "WASH AFTER USING", "2 TSP", "10 ML", "1 TSP", "5 ML", AND PICTORIAL REPRESENTATION OF THE DOSING CUP APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) purple, red, orange, yellow, pink, white and blue is/are claimed as a feature of the mark. The mark consists of a three-dimensional configuration of product packaging for the goods featuring four panels wherein each panel contains a gradation of purple to pink starting at the bottom. The first panel includes the following additional features: a gradation of red, orange and yellow at the top of the rectangular panel and underneath this gradation are the words "CHILDREN'S ALLEGRA" in a white stylized font and the letter "E" in "ALLEGRA" is in white and purple. Underneath the words "CHILDREN'S ALLEGRA" is the term "12 HOUR" in orange numbers and letters with the number "12" super-imposed on a graphic image of a clock. The second panel contains the same features of the first panel with the addition of graphic images of a raspberry in the color red surrounded by two blueberries in the color blue on each side with the words "BERRY FLAVOR" printed in a pink, lower-case, stylized font. Under the berry design at the bottom of the panel is a pink swatch of color. The third panel contains the same red, orange and yellow gradation at the top, and the words "CHILDREN'S ALLEGRA" in a white stylized font and the letter "E" in "ALLEGRA" is in white and purple and a graphic images of a raspberry in the color red surrounded by two blueberries in the color blue on each side with the words "BERRY FLAVOR" printed in a pink, lower-case, stylized font. In addition to these features, the third panel contains a graphic design of a white measuring cup with the words "READ LABEL DIRECTIONS", "CHILDREN'S ALLEGRA", "Allergy", "2 tsp", "10 mL", "1tsp", "5mL", and two horizontal lines, all in the color purple, and the wording "WASH AFTER USING" presented backwards in the color pink. The fourth and final panel consists of just the purple to pink gradation contained on all of the panels. The broken lines depicting the outline of the box indicate placement of the mark on the goods and are not part of the mark. The colors white and black appearing on the flaps of the boxes are not claimed as a feature of the mark.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 2067728

SiteNo: 19281