Serial Number: 78372937

Word Mark: ROBITUSSIN PEDIATRIC IMPROVED TASTE! COUGH COUGH SUPPRESSANT (DEXTROMETHORPHAN HBR) FOR CHILDREN CONTROLS COUGHS UP TO 8 HOURS CONTROLS COUGHS ALCOHOL FREE FRUIT PUNCH FLAVOR COUGH FORMULA 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 12/31/1990.

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

Design Search Code: 02.05.05 - Boys; Children, boy(s)
02.05.24 - Stylized children, including children depicted in caricature form
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, red, gray and yellow 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, over which is a red banner containing the words "IMPROVED TASTE" in yellow, below which is the word "PEDIATRIC" in red, under which is the word "COUGH" in black. Immediately below are the words "COUGH SUPPRESSANT (DEXTROMTHORPHAN HBr)" in black, below which are the words "For Children" in white over an alternating black and white horizontal-line background, below which are alternating red 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 black and "8 Hours" in red, attached to a stylized clock design in gray, white and red. Below the flag are the words "Controls COUGHS" in white. At the bottom is a fanciful male child wearing a red shirt with horizontal yellow lines, under which is a yellow banner containing the words "Alcohol-free" in red that is superimposed by a red caduceus outlined in gray, immediately below which are the words "Fruit Punch Flavor" in white and "COUGH FORMULA 4 FL OZ (118 mL)" in black. The mark consists of the front package design for the goods; the rectangle 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: 2553