The mark consists of a configuration of product packaging in the nature of a three-dimensional bottle with a small, thin bottle neck that curves downward into a large, oval-shaped base. The color of the bottle is maroon-brown. A large concave oval depression appears across the center of the bottle, the interior of which contains a red-colored perimeter outline. The space encircled by the red trim is brown. The word "HERSHEY'S" appears in the color silver, in the middle of the concave oval depression. The word "SYRUP" appears directly beneath the word "HERSHEY'S," in smaller, white lettering. Immediately above the word "HERSHEY'S" is a design of a silver spoon into which a drizzle of chocolate syrup is being poured. Below the word "SYRUP" is a broad red horizontal stripe trimmed with a row of small white dots at the top and at the bottom. Upon the left side of the broad red stripe and to the lower left side of the word "SYRUP" is a dynamic image of a glass of brown chocolate milk with a red and white striped straw. Immediately to the right of the glass is an image of a bowl of white ice cream topped with brown chocolate syrup and a red cherry, with a silver spoon handle protruding from the top right side of the ice cream. The broken lines depicting a cap that tops the bottle design indicate placement of the mark on the goods and are not part of the mark.
the bottle configuration, without the wording HERSHEY'S SYRUP, has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
The color(s) maroon-brown, red, brown, silver, and white is/are claimed as a feature of the mark.
"SYRUP"