Color is not claimed as a feature of the mark.
The mark consists of a three-dimensional mark consisting of the trade dress applied to packaging for candy: namely the configuration of a white, 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 applied 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, and of any different colors except white with shading of color throughout the bean designs giving the bean designs a three-dimensional, lifelike - real - appearance; 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, and displayed in random orientation which makes them appear animated in a dancing style, also of any different colors except white, also having the same shading of color throughout the bean designs giving the bean designs a three-dimensional, lifelike - real - appearance. The size of the distinctive wavy line of jelly bean designs on the lid of the box is such that it covers most of the lid of the box, and the size of the distinctive row of jelly bean designs on the front side surface of the box is such that it covers most of the surface of the side.
Trademark: 85389995
