WERTHER'S ORIGINAL - Trademark Details
Status: 739 - Section 71 & 15-Accepted And Acknowledged
Image for trademark with serial number 79095245
Serial Number
79095245
Registration Number
4251969
Word Mark
WERTHER'S ORIGINAL
Status
739 - Section 71 & 15-Accepted And Acknowledged
Status Date
2018-09-06
Filing Date
2011-02-14
Registration Number
4251969
Registration Date
2012-12-04
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
080303, 260914, 260921 - Individually wrapped bite-size candies excluding candy bars. Three or more squares. Squares that are completely or partially shaded.
Published for Opposition Date
2012-09-18
Attorney Name
Joseph F. Schmidt
Law Office Assigned Location Code
L50
Employee Name
MCMORROW, RONALD G
Statements
Indication of Colors claimed
The color(s) gold and brown is/are claimed as a feature of the mark.
Disclaimer with Predetermined Text
"ORIGINAL"
Description of Mark
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.
Goods and Services
Confectionery, namely, candy [ ; chocolate and chocolate products, namely, chocolate tablets, chocolates, chocolate candy and chocolate pralines ]
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
6 - Active
Class Status Date
2011-04-15
Primary Code
030
Current Trademark Owners
Party Name
August Storck KG
Party Type
30 - Original Registrant
Legal Entity Type
99 - Other (Limited partnership (KG)).
Address
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Trademark Owner History
Party Name
August Storck KG
Party Type
30 - Original Registrant
Legal Entity Type
99 - Other (Limited partnership (KG)).
Address
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Party Name
August Storck KG
Party Type
20 - Owner at Publication
Legal Entity Type
99 - Other (Limited partnership (KG)).
Address
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Party Name
August Storck KG
Party Type
10 - Original Applicant
Legal Entity Type
99 - Other (Limited partnership (KG)).
Address
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Correspondences
Name
Joseph F. Schmidt
Address
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Prior Registrations
Relationship TypeReel Number
Prior Registration1230152
Prior Registration2046862
Prior Registration3708969
International Registrations
International Registration Number
1071572
International Registration Date
2011-02-14
International Publication Date
2011-04-21
International Renewal Date
2031-02-14
Auto Protection Date
2012-10-14
International Status
001 - Request for extension of protection established
International Status Date
2011-04-14
Priority Claimed In
True
Priority Claimed Date
2010-11-06
First Refusal In
True
Trademark Events
Event DateEvent Description
2011-04-14SN ASSIGNED FOR SECT 66A APPL FROM IB
2011-04-15NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2011-04-19APPLICATION FILING RECEIPT MAILED
2011-04-23ASSIGNED TO EXAMINER
2011-04-27NON-FINAL ACTION WRITTEN
2011-04-28NON-FINAL ACTION (IB REFUSAL) PREPARED FOR REVIEW
2011-04-28REFUSAL PROCESSED BY MPU
2011-04-28NON-FINAL ACTION MAILED - REFUSAL SENT TO IB
2011-05-13REFUSAL PROCESSED BY IB
2011-10-26TEAS RESPONSE TO OFFICE ACTION RECEIVED
2011-10-26CORRESPONDENCE RECEIVED IN LAW OFFICE
2011-10-26TEAS/EMAIL CORRESPONDENCE ENTERED
2011-11-08NON-FINAL ACTION WRITTEN
2011-11-08NON-FINAL ACTION MAILED
2012-02-27TEAS RESPONSE TO OFFICE ACTION RECEIVED
2012-02-27CORRESPONDENCE RECEIVED IN LAW OFFICE
2012-02-27TEAS/EMAIL CORRESPONDENCE ENTERED
2012-03-08NON-FINAL ACTION WRITTEN
2012-03-09NON-FINAL ACTION MAILED
2012-07-18TEAS RESPONSE TO OFFICE ACTION RECEIVED
2012-07-18CORRESPONDENCE RECEIVED IN LAW OFFICE
2012-07-19TEAS/EMAIL CORRESPONDENCE ENTERED
2012-07-30APPROVED FOR PUB - PRINCIPAL REGISTER
2012-08-10ASSIGNED TO LIE
2012-08-10LAW OFFICE PUBLICATION REVIEW COMPLETED
2012-08-29NOTICE OF PUBLICATION
2012-08-29NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB
2012-08-29NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
2012-09-18PUBLISHED FOR OPPOSITION
2012-10-14NOTIFICATION PROCESSED BY IB
2012-12-04REGISTERED-PRINCIPAL REGISTER
2013-03-04FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
2013-08-14FINAL DISPOSITION PROCESSED
2013-08-14FINAL DISPOSITION NOTICE SENT TO IB
2013-08-30FINAL DECISION TRANSACTION PROCESSED BY IB
2013-12-23NEW REPRESENTATIVE AT IB RECEIVED
2018-08-07TEAS SECTION 71 & 15 RECEIVED
2018-08-23CASE ASSIGNED TO POST REGISTRATION PARALEGAL
2018-09-06REGISTERED - SEC. 71 ACCEPTED & SEC. 15 ACK.
2018-09-06NOTICE OF ACCEPTANCE OF SEC. 71 & 15 - E-MAILED
2021-03-05INTERNATIONAL REGISTRATION RENEWED
2021-12-04COURTESY REMINDER - SEC. 71 (10-YR) E-MAILED
2022-01-26TEAS SECTION 71 RECEIVED