Serial Number: 78372959

Word Mark: ROBITUSSIN MAXIMUM STRENGTH COUGH SUPPRESSANT (DEXTROMETHORPHAN HBR) COUGH CONTROLS COUGHS UP TO 8 HOURS CONTROLS COUGHS ADULTS COUGH FORMULA ALCOHOL 1.4% 4 FL OZ (118 ML)

Goods and Services: (ABANDONED) IC 005. US 006 018 044 046 051 052. G & S: Pharmaceutical preparations, namely, cough and cold preparations. USED IN ANOTHER FORM The mark was first used anywhere in a different form other than that sought to be registered on 12/31/1991.

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

Design Search Code: 03.21.01 - Caduceus; Serpent and staff (caduceus)
17.01.02 - Clock faces (alone); Clock radios; Clocks; Radios with clock; Watch faces (alone)
19.07.09 - Boxes, bread; Boxes, jewelry; Boxes, take out food; Boxes, tissue; Recipe boxes
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal

Filing Date: 02/24/2004

Current Basis: 1B

Original Filing Basis: 1B

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

Attorney of Record: Bret I. Parker, Michele A. Farber, David McDonald, Carole DeNatale and Mary M. Cheli

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "all of the wording except ROBITUSSIN, as well as the caduceus," APART FROM THE MARK AS SHOWN

Description of Mark: The colors white, black, blue, red, yellow and gray are claimed as features of the mark. The mark consists of a white field that is superimposed by a black rectangle at the top containing the trademark "ROBITUSSIN" in white, below which are the words "MAXIMUM STRENGTH" in blue, below which are the words "COUGH SUPPRESSANT (DEXTROMETHORPHAN HBr)" in black, below which is the word "COUGH" in white over an alternating black and white horizontal-line background. Below are alternating blue and white horizontal lines containing on the upper left side a yellow flag, with the lower portion outlined in gray. On the flag are the words "Controls Coughs Up to" in blue and "8 Hours" in red, attached to a stylized clock design in blue and white, below which are the words "Controls COUGHS" in white. At the bottom is the word "Adults" in white, to the right of which is a blue caduceus outlined in white, below which are the words "COUGH FORMULA Alcohol 1.4% 4 FL OZ (118 ml)" in black. The mark consists of the front package design for the goods; the rectangular shape of the package is not part of the mark, but merely shows the position of the mark on the package.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 0515197;0837010;0837011;AND OTHERS

SiteNo: 4247