Serial Number: 78400209

Reg Number: 3097367

Word Mark: M MORINAGA

Translation: The non-Latin characters in the mark, the large characters in the center of the mark are translated as "HI-CHEW" and their transliteration is "HAI-CYU". The same word appears underneath the large-character mark and also in a vertical position on the left and right sides of the overall mark. The word positioned underneath the representation of fruit is translated as "STRAWBERRY" and the transliteration is "SU-TO-RO-BE-RI".

Goods and Services: (CANCELLED) IC 030. US 046. G & S: [ BISCUITS, CHOCOLATES, CARAMELS, SNACK FOODS CONSISTING OF CHOCOLATE, GRAIN, NUTS, DRIED FRUIT, RICE, SOYA FLOUR, WHEAT, CEREALS, MAIZE, POTATO FLOUR AND SOFT ] CANDY [, CAKES, ICE CREAM, COCOA, HOTCAKE MIX, CANDY, AND GUM, namely, CHEWING GUM AND BUBBLE GUM ]. FIRST USE: 19750601. FIRST USE IN COMMERCE: 19941001

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

Design Search Code: 05.09.01 - Berries; Raspberries; Strawberries
26.03.02 - Ovals, plain single line; Plain single line ovals
26.03.13 - Ovals, exactly two (not concentric); Two ovals
26.03.21 - Ovals that are completely or partially shaded
26.11.21 - Rectangles that are completely or partially shaded
28.01.03 - Asian characters; Chinese characters; Japanese characters

Filing Date: 04/12/2004

Current Basis: 1A

Original Filing Basis: 1A

Owner: (REGISTRANT) MORINAGA & CO., LTD. CORPORATION JAPAN 33-1, Shiba 5 Chome Minato-ku Tokyo JAPAN

Attorney of Record: JEFFREY A. LINDENBAUM

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE NON-LATIN CHARACTERS THAT MEAN "STRAWBERRY", OR THE REPRESENTATIONS OF STRAWBERRIES IN THE DRAWING APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) yellow, orange, red, purple, blue, white, green and pink is/are claimed as a feature of the mark. The color red appears in the background in the center of the mark and to the left of the center and in the strawberries, the color green appears in the strawberry stems, the color pink appears in the background on the right, the color blue appears in the Japanese in the center and the color white appears as an outline of those characters, the color yellow in the right side of the white outlined ovals behind the two words made of Japanese characters in the mark, as do the colors red and pink, the color white also appears in the design of an angel and the word "Morinaga," as well in the remaining Japanese words in the mark. The mark consists of large non-Latin characters which translate to "HI-CHEW," depicted in blue letters with a white outline, superimposed on a multicolored off-center oval device comprised of the colors yellow, orange, pink and purple, with a white outline and the word "MORINAGA" beneath a stylized letter "M" that is formed out of an angel, and three smaller depictions of the non-Latin characters which translate to "HI-CHEW," and one depiction of the non-Latin characters which translate to "STRAWBERRY," and representations of red strawberries with green stems, and an overall red background in varying shades of red, with a dark red strip running vertically along the right border.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 2564040;2670049;2810901;AND OTHERS

SiteNo: 69200