Mars loses European battle on Bounty trade mark – Telegraph

Posted in Uncategorized by coda on October 13, 2009

Worth a read. It appears that shapes are not easily registered under s1(1) TMA 1994. The European CFI has declared that: "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."

You can find "Bounty" in most supermarkets. The German chocolate maker, challenged a 2003 registration which gave owners trade mark rights in the shape of Bounty. This decision has now been overturned – you can find the chocolates sold by Ludwig in Asda, Aldi and Iceland.

Mars’ put out the following statement, expressing its disappointment and added:

"Our trade marks and intellectual property are extremely valuable to us. In the highly competitive world of branded goods, trade mark 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."


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