Serial Number: 78315919

Reg Number: 3097325

Word Mark: CHOCOLAT PAVOT CHOCOLAT PAVOT STORK STORK LEICHT GESCHLAGENE MARC DE CHAMPAGNE CREME IN EDELSCHOKOLADE MIT DIESER FEINEN SPUR VON MOHN CHOCOLAT PAVOT

Translation: The English translation of the word "PAVOT" is "poppy". The English translation of the words "Leicht geschlagene Marc de Champagne Crème in Edelschokolade mit dieser feinen Spur von Mohn" is "light whipped mark of champagne cream in superior chocolate with that subtle hint of poppy seeds". The English translation of "CHOCOLAT" is "chocolate".

Goods and Services: (CANCELLED) IC 030. US 046. G & S: Candy, chocolate, chocolates, chocolate confectionery and pastries

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

Design Search Code: 19.07.06 - Boxes, candy; Candy boxes
26.15.02 - Plain single or multiple line polygons; Polygons (plain, single line)
26.15.12 - Polygons with bars, bands and lines

Filing Date: 10/20/2003

Current Basis: 44E

Original Filing Basis: 1B;44D;44E

Owner: (REGISTRANT) August Storck KG August Storck KG, a partnership organized under the laws of German, comprised of Klaus Oberwelland, Axel Oberwelland, Tim Oberwelland, Katja Oberwelland and Maike Oberwelland, all German citizens, and August Storck Verwaltungsgesellschaft mbH, a German company. PARTNERSHIP FED REP GERMANY Waldstrasse 27 Berlin FED REP GERMANY D-13403

Attorney of Record: Joseph F. Schmidt

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHOCOLAT" or "Leicht geschlagene Marc de Champagne Crème in Edelschokolade mit dieser feinen Spur von Mobn" APART FROM THE MARK AS SHOWN

Description of Mark: The mark consists of a combination of word and design elements placed on a stylized, three-dimensional design in which the background color is white, with stylized orange poppy-like flowers in a green idyllic setting going around the periphery of the design and a white road leads from the nearest poppy-like flowers up through a closed, wrought-iron gate to a white, brown and red, Mediterranean-style house with an outbuilding. A separate trail of flowers leads up to the house as well. The idyllic setting features impressionistic suggestions of trees and shrubs lining the road and in the far distance, with a blue sky with scattered clouds even further away. The poppy-like flowers ebb and flow around the periphery, with some appearing quite near the viewer and others being further off. Beyond the nearest flowers, and on opposite sides of the package, the house motif is repeated for a total of two times on the periphery. The house motif is again repeated on the right side of the top of the design, with poppy-like flowers in the middle view of the top of the design. Also appearing in the design are the terms CHOCOLAT PAVOT, which are yellow; the term STORCK, which is black; and a winged design above the term STORCK, which is yellow on the left and orange on the right. These terms are repeated on opposite sides of the periphery of the design, where the flowers appear to be ebbing away, and equidistant from the two house motifs on the periphery. In addition, these terms appear on the top portion of the design. The wording "Leicht geschlagene Marc de Champagne Crème in Edelschokolade mit dieser feinen Spur von Mohn" which appears immediately to the left of the term "Pavot" on the top portion of the drawing. Finally, the top portion of the design shows a piece of candy which is brown and caramel in color in an opened orange wrapper, which evokes the poppy-like motif in its display and has gray and blue colors on the inside center portion of the wrapper, and the term CHOCOLAT PAVOT appears on a silver oval on the front, outer portion of the wrapper. The matter shown by dotted lines on the drawing is not part of the mark and serves only to show the relative position of the mark on the three-dimensional design.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

SiteNo: 75576