The original Dubai chocolate was created in 2021 by Sarah Hamouda, the founder of Fix Dessert Chocolatier in Dubai. Originally called “Can’t Get Knafeh of It,” the chocolate gained international fame after influencer Maria Vehera posted a TikTok video of herself trying it in December 2023, which has n viewed over 125 million times. The product combines the flavors of the traditional Middle Eastern dessert knafeh with modern chocolate, containing pistachio cream, tahini paste, and crunchy kataifi pastry. The popularity of the Dubai chocolate spread rapidly around the world, reaching Poland, where it is sold in stores such as Żabka, Kaufland, and Lidl. In Dubai alone, over 1.2 million bars were sold in April 2025, generating $22 million in revenue.
In Argentina, the attempt to protect the name “DUBAI CHOCOLATE” as a trademark faces significant legal hurdles. According to Argentine trademark law (Law No. 22,362), geographical names generally cannot be registered as trademarks. The Argentine National Institute of Industrial Property (INPI) is responsible for trademark registration and applies strict criteria in evaluating applications. In the case at hand, there were several grounds for refusing the trademark registration.
The first obstacle is the lack of distinctiveness – under Argentine law, trademarks cannot consist of names, words, or expressions that have become common usage before the date of application. The name “Dubai Chocolate” may be considered descriptive in relation to a chocolate product originating from Dubai.
The second significant obstacle is the regulation concerning geographical names, which generally excludes place or city names from being registered as trademarks. In this case, the application concerned the word “DUBAI” itself as a reference to a place, rather than a unique identifier of a brand in Argentina.
The Argentinian ice cream chain Lucciano’s, which has n operating since 2011 and has over 60 locations, has adopted a more thoughtful legal strategy. Their trademark applications for “LUCCIANO’S CHOCOLATE DUBAI” and “LUCCIANO’S ESTILO DUBAI” have a higher chance of being registered. By including the name of their company, Lucciano’s has added a distinctive element that may facilitate trademark registration, even when the name includes a geographical term. This strategy is in line with legal practice, which allows for the registration of trademarks containing geographical names, provided that they are combined with unique, company-specific elements. In Polish law, we observe similar solutions – many companies successfully combine geographical names with their own designations, creating protected trademarks. For example, in the database of the Patent Office of the Republic of Poland, there are various trademarks containing the word “Bolesławiec,” protected for several different ceramic manufacturers.
The case of the Dubai chocolate in Argentina highlights the importance of strategic brand planning and awareness of legal regulations. Companies operating in the food industry must strike a balance between eye-catching product names and legal protection to avoid disputes and maintain brand integrity.
For consumers, it serves as a reminder that behind every catchy label lies a complex legal framework ensuring fair competition and transparent information. Whether or not the trademark applications are accepted, the case reveals an important truth: in the world of branding, especially for food products with international or geographical elements, understanding legal boundaries is as important as creating unique flavors.
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