One could say that the whole matter began a long time ago, in the 1990s, when the German company Alfred Ritter GmbH & Co. KG, which produces confectionery, registered a trademark for the square shape of the chocolate it has n producing to this day. The reference to the shape of the chocolate can also be found in the advertisements, specifically in the German company’s slogan, which has n on the market almost since the beginning (“Square. Practical. Good”). Interestingly, the idea for the unusual, square shape of the chocolate came about in 1932 and came directly from the founder of the German company, Clara Ritter. However, the legal protection of the square shape of the chocolate does not please competing companies, and in particular the Swiss Milka, which has taken steps to invalidate the protective right for the disputed shape.
Several years ago, Milka filed a request to invalidate the protective right on the disputed chocolate shape, which resulted in a ruling by the Federal Patent Court in Germany in 2018, dismissing the lawsuit and allowing Alfred Ritter GmbH & Co. KG to continue using and producing the square chocolate exclusively.
Disagreeing with this ruling, Milka’s lawyers appealed to the Federal Court of Justice, which is expected to issue a final ruling on the matter. According to the representatives of the defendant company, when choosing confectionery, including chocolate, consumers are primarily guided by the quality of the product, its ingredients, and focus on consuming the product, rather than solely on its shape. In turn, Milka’s lawyers argue that the defendant company owes its success to an advertising slogan, which is closely related to the shape and functionality of the chocolate. Interestingly, in one of the recent hearings, it was assumed that the disputed shape is perceived by consumers as an indication of the product’s origin.
As can be seen, the case is nearing its end, and we should soon know the ruling, which may cause significant changes in the confectionery market. In the event of Ritter’s defeat, the loss of the protective right on the square chocolate shape may have negative consequences for the entire company, as the emergence of significant competition with products of similar or almost identical shape may reduce the popularity of its products.
Fill out the form and we will get back to you within the next … with a preliminary quote.
