Serial Number: 85083446

Reg Number: 3968095

Word Mark: NATURALLY OXYGENATING THERA BREATH PROFESSIONAL FORMULA DENTIST RECOMMENDED FRESH BREATH ORAL RINSE 24 HR FRESH BREATH CONFIDENCE GUARANTEED WORKS INSTANTLY · REVERSES DRY MOUTH NO ALCOHOL · NON BURNING DR. HAROLD KATZ MILD FLAVOR #1 FRESH BREATH FORMULA

Goods and Services: IC 003. US 001 004 006 050 051 052. G & S: Breath fresheners, namely, non-medicated oral rinse. FIRST USE: 20090821. FIRST USE IN COMMERCE: 20090821

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

Design Search Code: 03.21.01 - Caduceus; Serpent and staff (caduceus)
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
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Filing Date: 07/13/2010

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) Katz, Harold INDIVIDUAL UNITED STATES 750 N. Highland Avenue Los Angeles CALIFORNIA 90038

Attorney of Record: Howard N. Aronson

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FRESH BREATH FORMULA, NATURALLY OXYGENATING, PROFESSIONAL FORMULA, DENTIST RECOMMENDED FRESH BREATH ORAL RINSE, 24 HR FRESH BREATH, GUARANTEED, WORKS INSTANTLY, REVERSES DRY MOUTH, NO ALCOHOL, NON BURNING, MILD FLAVOR" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) Orange, green, white, black is/are claimed as a feature of the mark. The mark consists of labeling elements for the packaging for the goods comprised of elements appearing on a bottle and its cap whose presentation are as follows: 1) a principal label whose color is white, at the top of which is an orange band with the words "NATURALLY OXYGENATING" in white lettering, below which is the word "THERABREATH" in stylized green lettering, the initial capital letter "T" containing a caduceus in white and the words "PROFESSIONAL FORMULA" in white in the extended crossbar; below this are the words "DENTIST RECOMMENDED" in black; below are the words "FRESH BREATH" in white within an orange rectangle; below this are the words "ORAL RINSE: in black, below which are the words "24 hr Fresh Breath Confidence Guaranteed Works Instantly Reverses Dry Mouth No Alcohol Non Burning" all in black; below which is the signature "Dr. Harold Katz" in black; below this at the bottom of the white label is an orange band with the words "MILD FLAVOR" in white lettering; 2) an orange label and transparent-opaque top, with the words "#1 Fresh Breath Formula" in white appearing in a repeated diagonal pattern on the orange label; 3) the body of the bottle is in green. The dotted outline of the bottle and cap is intended to show the positioning of the labeling and is not part of the mark.

Type of Mark: TRADEMARK

Register: March 31, 2011

Live/Dead Indicator: LIVE

Prior Registrations: 2384542

SiteNo: 2056