Color is not claimed as a feature of the mark.
The mark consists of Unique visually recognizable characteristic of fragranced medicated products. The trade dress is on an aromatic transdermal drug and nutrients delivery system that is applied topically where up to 50 percent of the product is an oil suspension that is separated from a minimum of 50 percent aqueous suspension as a separated bilayer in the settled state of the product. Oil soluble nutrients and drugs live in the oil layer, and water soluble nutrients and drugs stay in the aqueous layer. This product mixes fully after shaking, homogenizes to a non-translucent solution after mixing, and remains fully mixed for up to a few minutes after shaking before naturally returning to it's bilayer state after allowing to settle. There are no medicated products in the market with this unique and distinct oil / water separated composition with the intermediary non-translucent homogenized state, and that re-settles to a separated oil / water state. Medicated products in the market are usually a homogenous liquid that are almost always clear or translucent. They may also be pure oily substances that are homogeneous, and creams or solid emulsifiers that are not liquid or have a viscosity that is considerably different from this trademark. There is no product in the market in this category that exists with: ( 1 ) a separation of oil / water layers, ( 2 ) that requires shaking to homogenize to a single layer prior to application, and ( 3 ) that settles back to a state where the oil / water layers are separated. These visual characteristics define the ability of our customers to recognize our brand based on appearance. Our products have been in the stream of commerce since 2017. This trademark will allow our company to further develop other aromatic medicated products with this distinct, identifiable, and unique look and properties that visually defines our brand.
Trademark: 88391059
