WERTHER'S ORIGINAL Trademark

Trademark Overview


On Monday, February 14, 2011, a trademark application was filed for WERTHER'S ORIGINAL with the United States Patent and Trademark Office. The USPTO has given the WERTHER'S ORIGINAL trademark a serial number of 79095245. The federal status of this trademark filing is SECTION 71 ACCEPTED as of Thursday, July 7, 2022. This trademark is owned by August Storck KG. The WERTHER'S ORIGINAL trademark is filed in the Staple Food Products category with the following description:

Confectionery, namely, candy [ ; chocolate and chocolate products, namely, chocolate tablets, chocolates, chocolate candy and chocolate pralines ]
werther's original

General Information


Serial Number79095245
Word MarkWERTHER'S ORIGINAL
Filing DateMonday, February 14, 2011
Status706 - SECTION 71 ACCEPTED
Status DateThursday, July 7, 2022
Registration Number4251969
Registration DateTuesday, December 4, 2012
Mark Drawing3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s)
Published for Opposition DateTuesday, September 18, 2012

Trademark Statements


Goods and ServicesConfectionery, namely, candy [ ; chocolate and chocolate products, namely, chocolate tablets, chocolates, chocolate candy and chocolate pralines ]
Description of MarkThe mark consists of the trade dress applied to the wrapper for individually wrapped pieces of candy, namely, a gold background color with an oval appearance. The gold background color is solid in appearance and the candy is not visible through the gold background color. In the center of the oval are the words "Werther's Original" in brown letters. The word "Werther's" has an upper case letter "W" and the remaining letters are in lowercase. The word "Original" has an upper case letter "O" and the remaining letters are in lowercase. The word "Werther's" is positioned directly above the word "Original". Extending symmetrically from the right and left sides are twisted ends of the wrapper which have a crinkled appearance and are gold tinted in color. The matter shown in dotted lines is not part of the mark and serves only to show the position or placement of the mark.
Indication of Colors claimedThe color(s) gold and brown is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text"ORIGINAL"

Classification Information


International Class030 - 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 Codes046
Class Status Code6 - Active
Class Status DateFriday, April 15, 2011
Primary Code030
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

Trademark Owner History


Party NameAugust Storck KG
Party Type30 - Original Registrant
Legal Entity Type99 - Other
AddressBerlin 13403
DE

Party NameAugust Storck KG
Party Type20 - Owner at Publication
Legal Entity Type99 - Other
AddressDE

Party NameAugust Storck KG
Party Type10 - Original Applicant
Legal Entity Type99 - Other
AddressDE

Trademark Events


Event DateEvent Description
Monday, May 22, 2023PARTIAL INVALIDATION PROCESSED BY THE IB
Wednesday, April 19, 2023PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB
Wednesday, April 19, 2023INVALIDATION PROCESSED
Tuesday, March 7, 2023PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED
Thursday, July 7, 2022NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED
Thursday, July 7, 2022REGISTERED-SEC.71 ACCEPTED
Tuesday, July 5, 2022CASE ASSIGNED TO POST REGISTRATION PARALEGAL
Wednesday, January 26, 2022TEAS SECTION 71 RECEIVED
Saturday, December 4, 2021COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED
Friday, March 5, 2021INTERNATIONAL REGISTRATION RENEWED
Thursday, September 6, 2018NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED
Thursday, September 6, 2018REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK.
Thursday, August 23, 2018CASE ASSIGNED TO POST REGISTRATION PARALEGAL
Tuesday, August 7, 2018TEAS SECTION 71 & 15 RECEIVED
Monday, December 23, 2013NEW REPRESENTATIVE AT IB RECEIVED
Friday, August 30, 2013FINAL DECISION TRANSACTION PROCESSED BY IB
Wednesday, August 14, 2013FINAL DISPOSITION NOTICE SENT TO IB
Wednesday, August 14, 2013FINAL DISPOSITION PROCESSED
Monday, March 4, 2013FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
Tuesday, December 4, 2012REGISTERED-PRINCIPAL REGISTER
Sunday, October 14, 2012NOTIFICATION PROCESSED BY IB
Tuesday, September 18, 2012PUBLISHED FOR OPPOSITION
Wednesday, August 29, 2012NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
Wednesday, August 29, 2012NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB
Wednesday, August 29, 2012NOTICE OF PUBLICATION
Friday, August 10, 2012LAW OFFICE PUBLICATION REVIEW COMPLETED
Friday, August 10, 2012ASSIGNED TO LIE
Monday, July 30, 2012APPROVED FOR PUB - PRINCIPAL REGISTER
Thursday, July 19, 2012TEAS/EMAIL CORRESPONDENCE ENTERED
Wednesday, July 18, 2012CORRESPONDENCE RECEIVED IN LAW OFFICE
Wednesday, July 18, 2012TEAS RESPONSE TO OFFICE ACTION RECEIVED
Friday, March 9, 2012NON-FINAL ACTION MAILED
Thursday, March 8, 2012NON-FINAL ACTION WRITTEN
Monday, February 27, 2012TEAS/EMAIL CORRESPONDENCE ENTERED
Monday, February 27, 2012CORRESPONDENCE RECEIVED IN LAW OFFICE
Monday, February 27, 2012TEAS RESPONSE TO OFFICE ACTION RECEIVED
Tuesday, November 8, 2011NON-FINAL ACTION MAILED
Tuesday, November 8, 2011NON-FINAL ACTION WRITTEN
Wednesday, October 26, 2011TEAS/EMAIL CORRESPONDENCE ENTERED
Wednesday, October 26, 2011CORRESPONDENCE RECEIVED IN LAW OFFICE
Wednesday, October 26, 2011TEAS RESPONSE TO OFFICE ACTION RECEIVED
Friday, May 13, 2011REFUSAL PROCESSED BY IB
Thursday, April 28, 2011NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
Thursday, April 28, 2011REFUSAL PROCESSED BY MPU
Thursday, April 28, 2011NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
Wednesday, April 27, 2011NON-FINAL ACTION WRITTEN
Saturday, April 23, 2011ASSIGNED TO EXAMINER
Tuesday, April 19, 2011APPLICATION FILING RECEIPT MAILED
Friday, April 15, 2011NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Thursday, April 14, 2011SN ASSIGNED FOR SECT 66A APPL FROM IB