Serial Number: 85131506

Reg Number: 4133906

Word Mark: HERSHEY'S CHOCOLATE 5¢ VANILLA SWEET

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: 02.05.06 - Baby; Children, baby or babies
05.05.25 - Daffodils; Iris (flower); Other flowers
05.07.03 - Coffee beans
05.15.25 - Other decorations made of plants
08.03.01 - Candy bars, (chocolate); Chips, (chocolate); Chocolate candies; Chocolate chips
26.03.02 - Ovals, plain single line; Plain single line ovals
26.11.05 - Rectangles made of broken or dotted lines
26.11.21 - Rectangles that are completely or partially shaded

Filing Date: 09/16/2010

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 "VANILLA" AND "SWEET" AND "CHOCOLATE" AND "5¢" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) brown, maroon, tan, red, white and black is/are claimed as a feature of the mark. The mark consists of in part, a white oval design with a baby with brown hair in a brown cocoa bean known as the Cocoa bean baby holding a brown bar of chocolate with brown branches and leaves in the background, along with white flowers and brown stems around the oval. There are scalloped white and black accent designs in the four corners of the rectangular shape. The wording "HERSHEY'S" appears in red and outlined in white above the white oval design and the wording "CHOCOLATE" appears in red and outlined in white below the white oval design. The wording "5¢" appears in brown letters with red outlining to the left and right of the white oval design. Below the wording "5¢" on the left side appears the wording "VANILLA" in black with white outlining and below the wording "5¢" on the right side appears the wording "SWEET" in black with white outlining. The letters "W" and "T" in "SWEET" are maroon. All of the aforementioned appear against a tan background. The dotted lining around the mark is for placement purposes and is not a feature of the mark.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 0054041;1566224;3321536;AND OTHERS

SiteNo: 22948