Serial Number: 85128431

Reg Number: 4169941

Word Mark: HERSHEY'S, BAKING CHOCOLATE, AND COCOA, BAKING DRINKING CHOCOLATE, NO CUTTING, NO SHAVING, JUST MELT, 1. OZ PIECES INDIVIDUALLY WRAPPED, THE GREATEST COCOA SALES ON EARTH

Goods and Services: IC 004. US 001 006 015. G & S: Candles. FIRST USE: 20100430. FIRST USE IN COMMERCE: 20100430

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

Design Search Code: 02.05.04 - Children, girl(s); Girls
02.05.05 - Boys; Children, boy(s)
02.07.05 - Groups, children
02.09.01 - Drinking, humans; Eating, humans; Humans, including men, women and children, depicted eating or drinking
08.01.08 - Cakes (foodstuffs); Coffee cake; Muffins
08.03.01 - Candy bars, (chocolate); Chips, (chocolate); Chocolate candies; Chocolate chips
11.01.25 - Brushes, basting; Chopsticks; Churns, butter (manual); Cups, measuring; Fruit juices, non-electric; Garlic presses (non-electric); Graters, cheese; Holders, kitchen utensil; Ice cube trays; Juicers, non-electric; Ladles (soup); Measuring cups; Napkin holders; Other non-electric kitchen utensils, utensil holders; Pasta makers, non-electric; Potato peelers; Racks, kitchen tool; Scoops, ice cream; Shakers, cocktail; Sharpeners, knife (non-electric)
11.03.10 - Paper plates, full; Plates, dinnerware, full
11.07.25 - Butcher knives; Carving knives (kitchen), non-electric; Cleaver; Knives, folding; Knives, kitchen (with pointed ends); Knives, pocket; Meat choppers and grinders, meat choppers (knives); Paring knives; Pocket knives; Scalpels; Switchblade
26.11.05 - Rectangles made of broken or dotted lines
26.11.21 - Rectangles that are completely or partially shaded

Filing Date: 09/13/2010

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) Hershey Chocolate & Confectionery Corporation CORPORATION DELAWARE Suite 204 4860 Robb Street Wheat Ridge COLORADO 80033

Attorney of Record: John P. Rynkiewicz

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHOCOLATE" AND "COCOA" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) beige, black, red, green, brown, silver, yellow, blue, white, gray and pink is/are claimed as a feature of the mark. The mark consists of a boy with brown hair, beige and pink skin, black eyelashes, brown eyebrows, a white shirt, a blue tie and a red sweater and a girl with brown hair, beige and pink skin, black eyes, brown eyebrows, a white shirt, and a green sweater known as the "Cake Kids". The boy is cutting a slice of yellow cake with brown chocolate icing on top on a blue and white plate on a white and yellow table with a gray knife. The girl is biting into a slice of yellow and brown cake. Above the children is the red and white stylized wording "HERSHEY'S BAKING CHOCOLATE AND COCOA". On the left is the black stylized wording "GREATEST COCOA SALES ON EARTH" and a brown can of cocoa with a silver top with the white stylized wording "HERSHEY'S COCOA" and a white design of a dog. The brown stylized wording "NO CUTTING - NO SHAVING - JUST MELT" appears at the bottom. To the right of that wording is a brown chocolate bar with a white and brown wrapper with the white stylized wording "HERSHEY'S BAKING DRINKING CHOCOLATE" above the black stylized wording "1 OZ. PIECES INDIVIDUALLY WRAPPED". The rectangular background is green. .

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 0054041;1250914;3321536;AND OTHERS

SiteNo: 21573