Johnson & Johnson, McNeil Consumer Healthcare, which has been the focus of federal and congressional investigations has recently filed trademark applications for the mark “LISTERINE ZERO”.
In May, the Food and Drug Administration said it was considering possible criminal action against McNeil because of numerous quality lapses and delays in reporting problems linked to the Jan. 15 recall of the drugs involved – 100-count packages of Benadryl Allergy Ultratab Tablets and 50-count packages of Extra Strength Tylenol Rapid Release Gels but had been omitted in the recall of Jan. 15.
The trademark application of “LISTERINE ZERO” assigned serial number 85059083 was filed under Section 1(b) which is an Intent to Use application taking priority from the registered trademarks bearing registration number 0118052, 3218073, and 3218074.
The trademark’s image as filed on the application is as shown above and the trademark application was filed with the descriptions, “Non-medicated mouthwash” for International Class 003 and “Medicated mouthwash” under International Class 005.
Another trademark application filed for the mark “LISTERINE ZERO” bearing trademark serial number of 85059085 with image shown as above, was filed with the same descriptions as mentioned earlier and also claims priority to trademark applications of U.S. Registration Number(s) 0118052, 3218073, 3218074, and others.
The third trademark application filed for the mark “LISTERINE ZERO” assigned serial number 85059086 bears the same description as the other applications and claims priority to the same trademark applications as well. However the filing was done for a different logo altogether.
The penultimate trademark application filed for the mark “LISTERINE ZERO” assigned serial number 85059087 resembles the other applications in all respects save for the logo. The logo mark applied for protection is different from the others.
Considering that all these are Intent to Use based trademark filings, is Johnson & Johnson reviewing the potential of any one of these logo’s to become a brand icon for a new product of “LISTERINE ZERO”. Speculation all, nevertheless, we await with bated breath.