Serial Number: 77721823

Word Mark: DR. SCHOLL'S ODOR DESTROYERS WITH 3X TRIPLE ACTION SYSTEM X X X

Goods and Services: (ABANDONED) IC 003. US 001 004 006 050 051 052. G & S: Non-medicated deodorant foot powder

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

Design Search Code: 01.01.05 - Stars - one or more stars with seven or more points
19.09.02 - Bottles, jars or flasks with bulging, protruding or rounded sides; Flasks with bulging or protruding sides; Jars with bulging or protruding sides
19.11.01 - Bottle caps; Caps, bottle; Corks (bottle stoppers); Lids; Stoppers, bottle
20.03.10 - Bottle labels; Labels for bottles
24.15.25 - Other arrows
26.01.21 - Circles that are totally or partially shaded.
26.01.31 - Circles - five or more; Five or more circles
26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric
26.03.21 - Ovals that are completely or partially shaded
26.05.13 - Triangles, exactly two triangles; Two triangles
26.05.21 - Triangles that are completely or partially shaded
26.05.25 - Triangles with one or more curved sides
26.09.14 - Squares, three or more; Three or more squares
26.09.21 - Squares that are completely or partially shaded
26.11.21 - Rectangles that are completely or partially shaded
26.11.25 - Rectangles with one or more curved sides
26.13.02 - Plain single or multiple line quadrilaterals; Quadrilaterals (single line or multiple line)
26.13.21 - Quadrilaterals that are completely or partially shaded
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s)
26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
26.17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal
29.07.04 - Gray or silver (Multiple colors used on packaging, labels or signs)
29.07.06 - Green (Multiple colors used on packaging, labels or signs)
29.07.08 - Yellow or gold (Multiple colors used on packaging, labels or signs)

Filing Date: 04/24/2009

Current Basis: 1B

Original Filing Basis: 1B

Owner: (APPLICANT) Schering-Plough HealthCare Products, Inc. CORPORATION DELAWARE 3030 Jackson Avenue Memphis TENNESSEE 38151

Attorney of Record: Vanessa A. Ignacio, Esq.

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ODOR" OR "TRIPLE ACTION SYSTEM" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) yellow, green, light green, dark green, blue, dark blue, silver, and white is/are claimed as a feature of the mark. The mark consists of yellow trade dress featuring diagonal wavy bands in the order of green, silver, yellow, silver, and green starting from the top left to the bottom right, of which the green wavy bands each consists of a light green and dark green circle-shaped pattern; contained on top of the wavy bands is "Dr. Scholl's" in white stylized lettering outlined in silver with a yellow period in the form of a shaded square under the letter "r" in "Dr." all of which appears in a completely dark blue shaded oval within a silver oval with a white starburst design on the bottom right of the silver oval; under this the term "ODOR DESTROYERS" appears in dark blue lettering outlined in white; under this is a blue rectangle-shaped band; under this a blue rectangle-shaped band containing the term "with 3X" in white lettering outlined in dark blue with a white band underlining "with", and after "3X", the words "TRIPLE ACTION SYSTEM" in blue lettering appears inside a white arrow-like design outlined in dark blue, with three dark blue vertical lines with white background; and under this, on the left side, is a blue vertical line with three blue boxes each containing white "X" marks. The dotted outlines of the container and cap for the goods are intended to show the position of the mark and are not claimed as a part or feature of the mark.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 0512484;1255028;1257297;AND OTHERS

SiteNo: 65729