the configuration of a cardboard box and the representation of the shape of a jellybean
The mark consists of a three-dimensional mark consisting of the trade dress applied to packaging for candy; namely the configuration of a rectangular cardboard box having top and bottom surfaces whose width and length are substantially greater than the height of the box, creating a box where the top (lid) and bottom surfaces are the largest surfaces, the side surfaces are the second largest surfaces, and the end surfaces are the smallest surfaces, onto which is printed a distinctive design comprising (1) crossing over the length of the lid of the box, a horizontal, wavy line of distinctive, stylized jelly bean designs, all the same size, with shading shown by stippling throughout the bean designs giving the bean designs a three-dimensional, life-like (real) appearance, the bean designs having the words JELLY BELLY superimposed thereon; and (2) running the length of the front, narrow, side surface of the box, a single, horizontal row of the same jelly bean designs, all the same size but smaller than those on the lid, and displayed in random orientation which makes them appear animated in a dancing style, also having the same shading shown by stippling throughout the bean designs giving the bean designs a three-dimensional, life-like (real) appearance, and also having the words JELLY BELLY superimposed thereon. The size of the distinctive jelly bean shape on the lid is such that it dominates the lid of the box.
The stippling in the drawing of a progressive increase in stippling density, is meant to show the three dimensional, life-like appearance of the jelly bean design and is a feature of the mark. Due to the limitation of a 4 inches by 4 inches drawing, the single, horizontal row of dancing jelly bean designs is so small that the words JELLY BELLY could not be shown, and the bean design stippling pattern could not be as clearly shown as on the lid of the box.
Trademark: 76510535
