Serial Number: 85131405

Reg Number: 4163102

Word Mark: HERSHEY'S COCOA

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: 02.01.01 - Busts of men facing forward; Heads of men facing forward; Men - heads, portraiture, or busts facing forward; Portraiture of men facing forward
02.03.01 - Busts of women facing forward; Heads of women facing forward; Portraiture of women facing forward; Women - head, portraiture or busts facing forward
02.05.01 - Busts of children; Children, heads, portraiture, busts; Heads of children
02.05.04 - Children, girl(s); Girls
02.05.06 - Baby; Children, baby or babies
02.07.04 - Families (adults and children); Groups, adults and children, including family groups
02.09.01 - Drinking, humans; Eating, humans; Humans, including men, women and children, depicted eating or drinking
05.07.03 - Coffee beans
11.03.03 - Coffee cups
19.07.17 - Beer cans; Cans, beer; Cans, gasoline; Cans, other small cans; Cans, soda; Canteens (drinking); Gasoline cans
26.09.05 - Squares made of broken or dotted lines
26.11.20 - Rectangles inside one another
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 "COCOA" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) BLACK, DARK BROWN, MEDIUM BROWN, SILVER, WHITE, BLUE, ORANGE, PEACH, and GRAY is/are claimed as a feature of the mark. The mark consists of the wording "Hershey's Cocoa" set inside a shaded rectangle, with such rectangle set below a larger rectangle featuring a stylized depiction of a man, woman, and child drinking from coffee cups, with a stylized depiction of a can set at the left-hand side of the mark, which can features the wording "Hershey's Cocoa" and a stylized depiction of a baby placed inside a coffee bean, along with design elements intended to depict additional wording set on the side of the can. The color black appears in the background of the shaded rectangle featuring the wording "Hershey's Cocoa", in the face, eyes, and hair of the man, in the eyelashes of the woman, in the eyes of the child, and in the tie of the man; the color dark brown appears in the can; the color medium brown appears in the can and in the coffee cups; the color silver appears in the wording "Hershey's Cocoa" set inside the shaded rectangle, in the wording "Hershey's Cocoa" on the can, in the depiction of the baby placed inside a coffee bean on the can, in the design elements forming the stylized depiction of wording on the side of the can, and in the can; the color white appears in the can, in the shirts of man, woman, and child, in the eyes of the man and child, in the coffee cups, in the teeth of the man and woman, and in the hair of the man; the color blue appears in the eyes of the child, in the coffee cups, in the shirt of the man, in the can, and in the background of the rectangle featuring the depiction of the man, woman, and child; the color orange appears in the hair of the woman and child, in the shirts of the woman and child, in the lips of the man and woman, in the eyebrows of the woman and child, and in the skin of the man, woman, and child; the color peach appears in the skin of the man, woman, and child, and in the hair of the woman and child; the color gray appears in the man's suit, in the man's eyes, in the skin of the man, woman, and child, in the coffee cups, and in the depiction of the baby placed inside a coffee bean on the can.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 0054041;1566224;3581726;AND OTHERS

SiteNo: 21866