"The mark was used in a different form other than that sought to be registered on March 10, 1995. MISCELLANEOUS STATEMENT:The incorporated trade name 1-800-4-CHOCOLATE is dependent on the exclusive use of the numbers and letters in this configuration as a means of generating phone/internet/and mail-order business as well as the internet application of the trade name/logo as rendered for internet use i.e., 1-800-4-CHOCOLATE.com, 1-800-4-CHOCOLATE.org, 1-800-4-CHOCOLATE.net, 1-800-4-CHOCOLATE.edu, 1-800-4-CHOCOLATE.cc and 1-800-4-CHOCOLATE.to (as well as any other internet domains past present and future where 1-800-4-CHOCOLATE would be used to sell chocolates and related gifts.)
"The mark consists of an arc of the trade name 1-800-4-CHOCOLATE, underscored with a shadow which is an element of the design.
"The lining is a feature of the mark and does not indicate color." "The mark is lined for the color(s) light forest green