The mark consists of the product packaging trade dress for the presentation of a chocolate bar with a stylized "FELICITA CIOCCOLATO GELATO CAFFÉ A LETTO" on the product packaging. "FELICITA" appears in brown with beige outline on the left side of the product packaging, where the dot in the letter "I" is red with beige outline, and the accent above the letter "A" is green with beige outline, with "CIOCCOLATO" in brown beneath. "GELATO" in beige with brown outline appears in the middle of the product packaging above "CAFFE A LETTO" in light brown, with a curved beige line with beige flecks appearing behind "GELATO". A pictorial representation of a brown chocolate shaving atop a scoop of gelato in light brown, brown, and dark brown, appears on the right side of the product packaging next to a brown coffee bean atop a piece of a chocolate bar in brown with light brown and dark brown filling. The background of the product packaging is white with solid curved rectangular panels on each end that extend from the top to the bottom of the packaging in brown. The dotted outline of the rectangular shape of the packaging is not part of the mark, but is merely intended to show the position of the mark on the goods.
The brown, red, light green, light yellow, colors appear in the characters of the word "FELICITA"; the brown color appears in the characters of the words "CIOCCOLATO", "CAFÉ A LETTO"; the brown and light yellow color appear in the characters of the word "GELATO"; the dark brown, brown, light yellow, white colors appear in the background images.
The color(s) dark brown, brown, red, light green, light brown, beige, and white is/are claimed as a feature of the mark.
The translation "FELICITA" means "happiness"; "CIOCCOLATO" means "chocolate"; "GELATO" means "ice cream"; "CAFFÉ A LETTO" means "café to bed".
"CIOCCOLATO", "GELATO", AND THE DESIGN OF THE CHOCOLATE SHAVING, CHOCOLATE BAR, COFFEE BEAN, AND ICE CREAM