HERSHEY'S SPECIAL DARK MILDLY SWEET CHOCOLATE - Trademark Details
Status: 710 - Cancelled - Section 8
Image for trademark with serial number 85162022
Serial Number
85162022
Registration Number
4120392
Word Mark
HERSHEY'S SPECIAL DARK MILDLY SWEET CHOCOLATE
Status
710 - Cancelled - Section 8
Status Date
2018-11-09
Filing Date
2010-10-27
Registration Number
4120392
Registration Date
2012-04-03
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
080301, 261121 - Chocolate candies including chocolate candy bars. Rectangles that are completely or partially shaded.
Published for Opposition Date
2012-01-17
Attorney Name
William J. Morris III
Law Office Assigned Location Code
L70
Employee Name
SHARMA, NAPOLEON K
Statements
Indication of Colors claimed
The color(s) silver, blackish-silver and dark brownish-maroon and brownish-red and red and gold is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
"MILDLY SWEET CHOCOLATE"
Description of Mark
The mark consists of the wording ''HERSHEY'S'' in stylized lettering. The wording appears in the color silver. Varying shades of silver and blackish-silver appear above, below, and along the sides of the letters to create beveled edges and a raised effect to the mark, all on a dark brownish-maroon background in rectangular shape outline in a silver rectangular shape with varying shades of silver and blackish silver above, below and along the sides of the silver rectangular shape to create beveled edges and a raised effect to the mark, all on a brownish-red background with the words "SPECIAL DARK" in gold stylized letters on a brighter red background, with a gold line above and below the words "SPECIAL DARK" followed by the words "MILDLY SWEET CHOCOLATE" in gold. The dotted lines around the applied for mark are to depict placement of the mark, do not form part of the mark and that no claim is made to the configuration of the candy wrapper shape.
Goods and Services
Candy; Chocolate
Section 2(f) Limitation Statement
As to "SPECIAL DARK" has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 4001305; 3934544; 3141655 ; 3701715; 3631184; 3426586; 3368589; 2103077 and 1733382; SPECIAL DARK has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
Classification Information
International Class
030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
US Class Codes
046
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2018-11-09
Primary Code
030
First Use Anywhere Date
2005-03-31
First Use In Commerce Date
2005-03-31
Correspondences
Name
William J. Morris III
Address
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Prior Registrations
Relationship TypeReel Number
Prior Registration1733382
Prior Registration2103077
Prior Registration3141655
Prior Registration3368589
Prior Registration3934544
Prior Registration4001305
Trademark Events
Event DateEvent Description
2010-10-30NEW APPLICATION ENTERED IN TRAM
2010-11-01NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2010-11-02NOTICE OF DESIGN SEARCH CODE MAILED
2010-12-23ASSIGNED TO EXAMINER
2010-12-23NON-FINAL ACTION WRITTEN
2010-12-23NON-FINAL ACTION E-MAILED
2010-12-23NOTIFICATION OF NON-FINAL ACTION E-MAILED
2011-03-29TEAS RESPONSE TO OFFICE ACTION RECEIVED
2011-03-29CORRESPONDENCE RECEIVED IN LAW OFFICE
2011-03-29TEAS/EMAIL CORRESPONDENCE ENTERED
2011-04-22NON-FINAL ACTION WRITTEN
2011-04-22NON-FINAL ACTION E-MAILED
2011-04-22NOTIFICATION OF NON-FINAL ACTION E-MAILED
2011-09-24TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
2011-09-24ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
2011-09-26TEAS RESPONSE TO OFFICE ACTION RECEIVED
2011-09-26CORRESPONDENCE RECEIVED IN LAW OFFICE
2011-09-26TEAS/EMAIL CORRESPONDENCE ENTERED
2011-11-17APPROVED FOR PUB - PRINCIPAL REGISTER
2011-12-09ASSIGNED TO LIE
2011-12-10LAW OFFICE PUBLICATION REVIEW COMPLETED
2011-12-28NOTICE OF PUBLICATION
2012-01-17PUBLISHED FOR OPPOSITION
2012-04-03REGISTERED-PRINCIPAL REGISTER
2015-01-26TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
2015-01-26ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
2017-04-03COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
2018-11-09CANCELLED SEC. 8 (6-YR)