| Serial Number | 85162022 |
| Word Mark | HERSHEY'S SPECIAL DARK MILDLY SWEET CHOCOLATE |
| Filing Date | Wednesday, October 27, 2010 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, November 9, 2018 |
| Registration Number | 4120392 |
| Registration Date | Tuesday, April 3, 2012 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 17, 2012 |
| 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. |
| 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. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, November 9, 2018 |
| Primary Code | 030 |
| First Use Anywhere Date | Thursday, March 31, 2005 |
| First Use In Commerce Date | Thursday, March 31, 2005 |
| Party Name | Hershey Chocolate & Confectionery Corporation |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Wheat Ridge, CO 80033 |
| Party Name | Hershey Chocolate & Confectionery Corporation |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Wheat Ridge, CO 80033 |
| Party Name | Hershey Chocolate & Confectionery Corporation |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Wheat Ridge, CO 80033 |
| Event Date | Event Description |
| Friday, November 9, 2018 | CANCELLED SEC. 8 (6-YR) |
| Monday, April 3, 2017 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Monday, January 26, 2015 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, January 26, 2015 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, April 3, 2012 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, January 17, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 28, 2011 | NOTICE OF PUBLICATION |
| Saturday, December 10, 2011 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, December 9, 2011 | ASSIGNED TO LIE |
| Thursday, November 17, 2011 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, September 26, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 26, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, September 26, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, September 24, 2011 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Saturday, September 24, 2011 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, April 22, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, April 22, 2011 | NON-FINAL ACTION E-MAILED |
| Friday, April 22, 2011 | NON-FINAL ACTION WRITTEN |
| Tuesday, March 29, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 29, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 29, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, December 23, 2010 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, December 23, 2010 | NON-FINAL ACTION E-MAILED |
| Thursday, December 23, 2010 | NON-FINAL ACTION WRITTEN |
| Thursday, December 23, 2010 | ASSIGNED TO EXAMINER |
| Tuesday, November 2, 2010 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Monday, November 1, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Saturday, October 30, 2010 | NEW APPLICATION ENTERED IN TRAM |