The mark was first used anywhere in a different form other than that sought to be registered on 12/31/1991.
The mark was first used in commerce in a different form other than that sought to be registered on 12/31/1991.
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.
"all of the wording except ROBITUSSIN, as well as the caduceus,"
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.
ROBITUSSIN MAXIMUM STRENGTH COUGH SUPPRESSANT (DEXTROMETHORPHAN HBR) COUGH CONTROLS COUGH UP TO 8 HOURS CONTROLS COUGH ADULTS COUGH FORMULA ALCOHOL 1.4% 4 FLUID OUNCE (118 MILLILITER)
Trademark: 78372959
