Serial Number: 85128500

Reg Number: 4140988

Word Mark: HERSHEY'S SYRUP GENUINE CHOCOLATE FLAVOR 12 CENTS MAKES DELICIOUS CHOCOLATE MILK HOT OR COLD AND TOPPING FOR ICE CREAM AND OTHER DESSERTS HERSHEY'S SYRUP GENUINE CHOCOLATE FLAVOR READY TO USE

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: 02.03.01 - Busts of women facing forward; Heads of women facing forward; Portraiture of women facing forward; Women - head, portraiture or busts facing forward
02.05.05 - Boys; Children, boy(s)
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
08.01.08 - Cakes (foodstuffs); Coffee cake; Muffins
08.09.01 - Ice cream, sherbet and frozen yogurt in cones; Sundae
11.03.01 - Glasses without stems
19.07.17 - Beer cans; Cans, beer; Cans, gasoline; Cans, other small cans; Cans, soda; Canteens (drinking); Gasoline cans
26.01.21 - Circles that are totally or partially shaded.
26.11.05 - Rectangles made of broken or dotted lines
26.11.20 - Rectangles inside one another
26.11.21 - Rectangles that are completely or partially shaded
26.11.25 - Rectangles with one or more curved sides

Filing Date: 09/13/2010

Current Basis: 1A

Original Filing Basis: 1A

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

Attorney of Record: John P. Rynkiewicz

Description of Mark: The color(s) black, blue, light green, dark green, beige, pink, light orange, dark orange, red, yellow, brown, silver and white is/are claimed as a feature of the mark. The mark consists of a woman pouring Hershey's chocolate topping on a dish of ice cream with a boy drinking a glass of chocolate milk appearing on a blue background beneath a brown rectangle bearing the wording "HERSHEY'S SYRUP GENUINE CHOCOLATE FLAVOR" in white letters. The woman's hair and the boy's hair is light orange and beige, their skin is beige and pink, and the woman's lips are pink. The woman is wearing a light and dark green top. The boy is wearing a blue and white sailor top and holding a glass of chocolate milk that is white, blue, and beige, and pink. The boy's eyes are blue. Above the boy's head is a beige circle in which appears "12C" in red lettering. The woman is holding a can of chocolate syrup that is brown with a light and dark orange top and has the wording "HERSHEY'S SYRUP" in white letters. In the other hand, the woman is holding a silver spoon covered with brown syrup that is being spooned over a dish of ice cream that appears in the colors beige, brown, white, and silver. Next to the ice cream is a piece of light orange cake covered in brown chocolate frosting appearing on a white and silver plate. To the right of the cake, is a can of chocolate syrup in brown with a silver top and bottom. On the can appears the wording "HERSHEY'S SYRUP GENUINE CHOCOLATE FLAVOR" in silver lettering. To the right of the can of the chocolate syrup appears the wording "READY TO USE" in dark orange lettering with a black outline. The ice cream, cake, can of chocolate syrup, and wording "READY TO USE" all appear on a yellow semicircle. Above the can of chocolate syrup is a plaque in light orange with dark orange lines on either side. The wording "MAKES DELICIOUS CHOCOLATE MILK HOT OR COLD AND TOPPING FOR ICE CREAM AND OTHER DESSERTS" appears on the plaque. The wording "MAKES DELICIOUS" appears in dark orange lettering, and the wording "CHOCOLATE MILK HOT OR COLD AND TOPPING FOR ICE CREAM AND OTHER DESSERTS" appears in brown lettering. A light orange and black vertical bar appears on the left and right side of the mark, and the entire mark appears on a black background.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 0054041;1250914;3321536;AND OTHERS

SiteNo: 22678