Serial Number: 78372470

Reg Number: 3151627

Word Mark: HONEY COUGH ROBITUSSIN (DEXTROMETHORPHAN HBR) COUGH SUPPRESSANT COUGH SYRUP CONTROLS COUGHS UP TO 8 HOURS MADE WITH NATURAL GRADE A HONEY 4 FL OZ (118 ML)

Goods and Services: (CANCELLED) IC 005. US 006 018 044 046 051 052. G & S: Pharmaceutical preparations namely cough and cold preparations. FIRST USE: 19980731. FIRST USE IN COMMERCE: 19980731

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

Design Search Code: 03.23.07 - Beehives; Honeycombs
11.01.01 - Spoons
26.11.08 - Rectangles comprised of letters, numerals or punctuation and letters, numerals or punctuation forming the perimeter of a rectangle or bordering the perimeter of a rectangle.
26.11.09 - Rectangles made of geometric figures, objects, humans, plants or animals
26.11.21 - Rectangles that are completely or partially shaded
26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)

Filing Date: 02/23/2004

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Wyeth CORPORATION DELAWARE Trademark Department Five Giralda Farms Madison NEW JERSEY 07940

(LAST LISTED OWNER) WYETH LLC LIMITED LIABILITY COMPANY DELAWARE FIVE GIRALDA FARMS MADISON NEW JERSEY 07940

Attorney of Record: Michele A. Farber

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DEXTROMETHORPHAN HBR COUGH SUPPRESSANT; COUGH SYRUP; CONTROLS COUGHS UP TO 8 HOURS; MADE WITH NATURAL GRADE A HONEY; 4 FL OZ, 118 ML" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) beige, light brown, black, white, gold, yellow, emerald green, brown, silver and reddish brown is/are claimed as a feature of the mark. The mark consists of the overall package design of the front face of the product container and comprises a rectilinear escutcheon outlined by a narrow white border, the bulk of the escutcheon consisting of a beige color in the top quadrant changing gradually to a light brown color in the bottom quadrant. At the top of the escutcheon centrally placed is the trademark HONEY COUGH in black letters and underneath the words (Dextromethorphan HBr) Cough Suppressant and immediately below is a narrow black rectangle edged by a thin gold colored border containing the trademark ROBITUSSIN in white letters under which is the word Cough Syrup and within the bottom half of the escutcheon near its center appears a broad emerald green rectangle containing the words Controls Coughs up to 8 Hours in yellow and under which are the words Made With Natural Grade A Honey. In the lower right quadrant of the escutcheon appears a portion of a silver spoon containing a reddish brown colored liquid and which protrudes outside the bottom border of the escutcheon. To the right and underneath the teaspoon appears a brown and gold flower petal and a wooden honey spindle in a pool of honey. All of the aforesaid appears on a background field of eleven parallel vertical bands alternating in color from gold to reddish brown. The mark consists of package design for product.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 0515197;1653444;2241010

SiteNo: 68608