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WERTHER'S ORIGINAL
Live/Registered
SECTION 71 ACCEPTED

on 07 Jul 2022

Last Applicant/ Owned by

Waldstrasse 27

Berlin

DE

13403

Serial Number

79095245 filed on 14th Feb 2011

Registration Number

4251969 registered on 04th Dec 2012

in the Principal Register

Correspondent Address

Joseph F. Schmidt

Taft Stettinius & Hollister LLP

111 E. Wacker Dr., Ste. 2800

Chicago, IL 60601

Filing Basis

No Filing Basis

Disclaimer

"ORIGINAL"

WERTHER'S ORIGINAL

The color(s) gold and brown is/are claimed as a feature of the mark. "ORIGINAL" The 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 "WerthRead More

Classification Information


Class [030]
Staple Food Products


Confectionery, namely, candy [ ; chocolate and chocolate products, namely, chocolate tablets, chocolates, chocolate candy and chocolate pralines ]

Mark Details


Serial Number

No 79095245

Mark Type

No Service/Collective Mark

Attorney Docket Number

No F31155-00189

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

08.03.03 -

Individually wrapped bite-size candies excluding candy bars

26.09.14 -

Three or more squares

26.09.21 -

Squares that are completely or partially shaded

Description of Design Search

The 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.

Legal History


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Status DateAction Taken
22nd May 2023PARTIAL INVALIDATION PROCESSED BY THE IB
19th Apr 2023PARTIAL INVALIDATION OF REG EXT PROTECTION SENT TO IB
19th Apr 2023INVALIDATION PROCESSED
07th Mar 2023PARTIAL INVALIDATION OF REG EXT PROTECTION CREATED
07th Jul 2022NOTICE OF ACCEPTANCE OF SEC. 71 - E-MAILED
07th Jul 2022REGISTERED-SEC.71 ACCEPTED
05th Jul 2022CASE ASSIGNED TO POST REGISTRATION PARALEGAL
26th Jan 2022TEAS SECTION 71 RECEIVED
04th Dec 2021COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED
05th Mar 2021INTERNATIONAL REGISTRATION RENEWED