The mark consists of the combination of a three-dimensional product wrapper which is a rectangular shape and the three-dimensional rectangular chocolate candy bar configuration which is visible through the left half of the wrapper which is clear. A brand name is engraved on the left half of the chocolate candy bar configuration and is visible through the left half of the clear wrapper contained in the packaging. The chocolate candy bar configuration is a rectangular shape with the length greater than the width and the width greater than the height, and in the center of the length is an indentation across the width. The right half of the wrapper is gold with a band wrapped around the width of the wrapper and the band is located slightly to the right of the center of the wrapper. A smaller gold band appears between the band and the center of the wrapper. The brand name appears in gold letters on the band. Above the band on the right side of the wrapper are several diagonal lines in a repeating pattern around the gold color identifying the flavor of the candy bar. The broken lines depicting the overall product wrapper shape, and the broken lines depicting the chocolate candy bar configuration which is visible through the left half of the wrapper which is clear, indicate placement of the mark on the goods and are not part of the mark.

The color(s) gold is/are claimed as a feature of the mark.

the three-dimensional rectangular chocolate candy bar configuration which is visible through the left half of the clear wrapper and the position of the brand name which is engraved thereon 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.