POWERED BY OXYGEN PROFESSIONAL FORMULA THERABREATH DENTIST FORMULATED FRESH BREATH ORAL RINSE FIGHTS BAD BREATH FOR 24 HOURS WORKS INSTANTLY TO TARGET BAD BREATH GERMS NO ALCOHOL, ARTIFICIAL FLAVORS, - Trademark Details
Status: 700 - Registered
Serial Number
90037922
Registration Number
6459111
Word Mark
POWERED BY OXYGEN PROFESSIONAL FORMULA THERABREATH DENTIST FORMULATED FRESH BREATH ORAL RINSE FIGHTS BAD BREATH FOR 24 HOURS WORKS INSTANTLY TO TARGET BAD BREATH GERMS NO ALCOHOL, ARTIFICIAL FLAVORS,
Status
700 - Registered
Status Date
2021-08-24
Filing Date
2020-07-06
Registration Number
6459111
Registration Date
2021-08-24
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
032101, 200310, 260107, 261114, 261121, 261701, 261704, 270301, 270501 - Serpent and staff (Caduceus-medical symbol). Bottle label. Circles with a decorative border, including scalloped, ruffled and zig-zag edges. Three or more rectangles. Rectangles that are completely or partially shaded. Straight line(s), band(s) or bar(s). Vertical line(s), band(s) or bar(s). Geometric figures forming letters or numerals, including punctuation. Illegible signatures.
Published for Opposition Date
2021-06-08
Attorney Name
Law Office Assigned Location Code
M20
Employee Name
FOSDICK, GEOFFREY A
Statements
Indication of Colors claimed
The color(s) white, black, orange, green, and dark green is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
"POWERED BY OXYGEN", "PROFESSIONAL FORMULA", "DENTIST FORMULATED", "FRESH BREATH", "ORAL RINSE", "FIGHTS BAD BREATH FOR 24 HOURS", "WORKS INSTANTLY TO TARGET BAD BREATH GERMS", NO ALCOHOL, ARTIFICIAL FLAVORS, OR COLORS", "NON BURNING", "MILD MINT" AND THE DESIGN OF THE CADUCEUS SYMBOL
Description of Mark
The mark consists of a design of a label appearing on a three-dimensional configuration of product packaging in the nature of a bottle and cap design. The bottle is green with an orange cap. Face of the bottle displays a white label, at the top of which is an orange band with the words "POWERED BY OXYGEN" 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 FORMULATED" in black; below this are the words "FRESH BREATH" in white within an orange rectangle; below this are the words "ORAL RINSE" in black, below this are the words "FIGHTS BAD BREATH FOR 24 HOURS" in black letters and the "24" in green; below this are the words "WORKS INSTANTLY TO TARGET BAD BREATH GERMS" in black; below this are the words "NO ALCOHOL, ARTIFICIAL FLAVORS, OR COLORS" in black with a "·" in green and the words "NON BURNING" in black; below this 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 MINT" in white lettering within a green rectangle. The dotted outline of the bottle and cap is intended to show the positioning of the labeling and is not part of the mark.
Goods and Services
Breath freshening preparations for personal hygiene; Mouthwashes, not for medical purposes; Non-medicated mouth washes
Pseudo Mark
POWERED BY OXYGEN PROFESSIONAL FORMULA THERABREATH DENTIST FORMULATED FRESH BREATH ORAL RINSE FIGHTS BAD BREATH FOR TWENTY FOUR HOURS WORKS INSTANTLY TO TARGET BAD BREATH GERMS NO ALCOHOL, ARTIFICIAL FLAVORS, OR COLORS · NON BURNING DOCTOR HAROLD KATZ MILD MINT; POWERED BY OXYGEN PROFESSIONAL FORMULA THERABREATH DENTIST FORMULATED FRESH BREATH ORAL RINSE FIGHTS BAD BREATH FOR TWO FOUR HOURS WORKS INSTANTLY TO TARGET BAD BREATH GERMS NO ALCOHOL, ARTIFICIAL FLAVORS, OR COLORS · NON BURNING DOCTOR HAROLD KATZ MILD MINT
Classification Information
International Class
005 - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. - Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
US Class Codes
006, 018, 044, 046, 051, 052
Class Status Code
6 - Active
Class Status Date
2020-08-03
Primary Code
005
First Use Anywhere Date
2009-08-21
First Use In Commerce Date
2009-08-21
Current Trademark Owners
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Trademark Owner History
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Party Name
Party Type
10 - Original Applicant
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Correspondences
Name
Jennifer L. Powell
Address
Please log in with your Justia account to see this address.
Prior Registrations
Relationship Type | Reel Number |
Prior Registration | 2384542 |
Prior Registration | 3375204 |
Trademark Events
Event Date | Event Description |
2020-08-03 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2020-08-04 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
2020-10-06 | ASSIGNED TO EXAMINER |
2020-10-07 | NON-FINAL ACTION WRITTEN |
2020-10-07 | NON-FINAL ACTION E-MAILED |
2020-10-07 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2021-03-04 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2021-03-04 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2021-03-05 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2021-03-12 | EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED |
2021-03-12 | COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY |
2021-03-12 | EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
2021-03-12 | NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED |
2021-03-12 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2021-03-12 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2021-03-12 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2021-03-15 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2021-03-30 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
2021-04-02 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
2021-04-02 | EXAMINERS AMENDMENT -WRITTEN |
2021-04-02 | EXAMINERS AMENDMENT E-MAILED |
2021-04-02 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
2021-04-02 | EXAMINER'S AMENDMENT ENTERED |
2021-04-02 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2021-04-20 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
2021-04-28 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
2021-04-29 | EXAMINERS AMENDMENT -WRITTEN |
2021-04-29 | EXAMINERS AMENDMENT E-MAILED |
2021-04-29 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
2021-04-29 | EXAMINER'S AMENDMENT ENTERED |
2021-04-29 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2021-04-30 | ASSIGNED TO LIE |
2021-04-30 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
2021-05-19 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
2021-06-08 | PUBLISHED FOR OPPOSITION |
2021-06-08 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2021-08-24 | REGISTERED-PRINCIPAL REGISTER |
2021-11-19 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2021-11-19 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2021-11-19 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
2022-01-05 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
2022-01-05 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2022-01-05 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2022-01-05 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
2022-01-05 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |