The mark consists of the trade dress characterizing the front face of the packaging for applicant's candy, namely, (1) narrow matching colored horizontal bands of any color on the top and bottom edges of the face, the top band being wider than the bottom band; (2) a center portion composed of a white background section beginning underneath the top band and extending down the package two thirds of the way to a narrow wavy ribbon design of color matching the color of the bands displayed approximately two thirds of the way down from the top band, (3) a transparent section starting under the wavy ribbon design and extending to the bottom band, and (4) displayed on the white section above the wavy ribbon design, a horizontal, wavy line of distinctive, stylized jelly bean designs, all the same size, and of any color with shading throughout the bean designs giving the bean designs a three-dimensional, life-like (real) appearance.
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. The mark is a two dimensional mark.
Trademark: 76619592
