Serial Number: 79038396

Reg Number: 3445480

Word Mark: OR NOIR

Translation: The foreign wording in the mark translates into English as BLACK GOLD.

Goods and Services: IC 030. US 046. G & S: Raw chocolate for use in industry or households; compound chocolate coating; compound chocolate coating for use in the manufacture of candies; chocolate coating and topping, industrial chocolate; chocolate syrup; chocolate based candy for retail sale and use in food manufacturing; liquid and solid chocolate intended for sale to the chocolate industry and not for direct human consumption; cocoa and cocoa powder, namely, instant powder, cocoa-based drink mixes in powder form; cocoa and chocolate food beverages not being dairy-based or vegetable based; chocolate and chocolate goods, namely, chocolate bars and chocolate tablets, namely, chocolate bars and tablets with a fruit filling or containing fructose; chocolate icing; chocolate fondues; waffles with a chocolate coating, namely, waffle biscuits and waffle pralines; confectionery, namely, chocolate coated dragees; chocolate desserts, namely, brownies and chocolate puddings; dessert sauces, namely, chocolate flavored dessert sauces; bread, pastry and confectionery, namely, chocolate bonbons and other chocolate confections; pralines; chocolate, nut and nougat creams being dessert spreads; vegetable based food flavorings not being essential oils and seasonings for foodstuffs, namely, flavorings for beverages; food additives for non-nutritional purposes for use as a flavoring, ingredient or filler, namely, additives based on carbohydrates and dietary fiber, with the addition of vitamins, minerals, and trace elements, either separately or in combination; marzipan and hazelnut baking pastes

IC 035. US 100 101 102. G & S: Business management and organization consultancy; development of advertising and marketing strategies as well as advertising and marketing activities for third parties

IC 040. US 100 103 106. G & S: Food processing services, namely, processing of raw materials, preliminary products and semi-finished goods for the manufacture of chocolate and chocolate products for third parties; food processing services, namely, processing of chocolate and chocolate products for third parties

IC 042. US 100 101. G & S: Food research services, namely, development of individual recipes for the manufacture and processing of chocolate and chocolate goods

Mark Drawing Code: (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM

Filing Date: 11/22/2006

Current Basis: 66A

Original Filing Basis: 66A

Owner: (REGISTRANT) Barry Callebaut AG Aktiengesellschaft Westpark, Pfingstweidstrasse 60 CH-8005 Zurich SWITZERLAND

Attorney of Record: Mary Sotis

Description of Mark: Color is not claimed as a feature of the mark.

Type of Mark: TRADEMARK. SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

SiteNo: 48479