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. 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"