“The allegedly distinctive characteristics, namely the rounded ends of the bar and the three arrows or chevrons on top of it, cannot be sufficiently distinguished from other shapes commonly used for chocolate bars,” said the CFI.
The verdict is a victory for Ludwig Schokolade, a German chocolatier, which makes a similarly shaped coconut-filled bar called Romeo. The company challenged a decision taken by the EU’s Office for Harmonization in the Internal Market in 2003 to grant Mars’ application to register the Bounty shape as an EU-wide mark.
Ludwig Schokolade claimed that it had been making its bars since 1990 and was producing more than 14 million of them a year. In 2007, OHIM overturned its decision and declared Mars’ shape trademark invalid on the grounds that it wasn’t distinctive enough because the shape “does not depart significantly from the norms and customs of the relevant sector”. The CFI has upheld this decision, leaving Mars disappointed with the ruling.
“Our trademarks and intellectual property are extremely valuable to us,” said a company spokesperson. “In the highly competitive world of branded goods, trademark registration of the key brand elements is part of the everyday process of ensuring that our brands remain protected effectively, and that others do not unfairly trade off the goodwill created in our brands.”
Mars still has the option to appeal the CFI decision, taking its case to the European Court of Justice. However, the company hasn’t yet made a decision as to whether it will do so.
Source: IP World
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