Classic trademarks consist of word or graphic elements or a combination of the two. However, a trademark may consist of colors, sounds, or even shapes of goods. Various candy manufacturers have taken advantage of this by requesting registration of the designs and shapes of their treats as a trademark. For instance, Hershey was granted trademark protection for its classic chocolate bar being described as “a configuration of a candy bar that consists of 12 equally-sized recessed rectangular panels arranged in a four panel by three panel format with each panel having its own raised border within a large rectangle.” The chocolate conglomerate also holds trademarks for the iconic Hershey’s Kiss plume emanating from the top of the candy. Another chocolate maker, Toblerone, has also been successful in trademarking the classic triangular shape of its Swiss chocolate. Nestle, on the other hand, has not been so fortunate as earlier this year, the high court in the UK rejected the candy-maker’s attempt to trademark the four-fingered shape of the Kit Kat bar. In receiving trademark protection, a design or shape must be either “inherently distinctive” or have “acquired distinctiveness,” meaning the public has come to recognize that element as being representative of a particular company. Thus, the shape of a candy bar must be a source identifier. #omnilegalgroup #trademark #halloweencandy #Hershey #Toblerone #Nestle #KitKat
October 18, 2017