A Court In Germany Confirmed The Exclusive Right Of Ritter Sport To The Square Shape Of Chocolate
The Supreme Federal court of Germany confirmed the right of Ritter Sport to produce and sell square-shaped chocolate exclusively. The relevant verdict was handed down on Thursday, according to a press release from the highest court in Germany.
The recognizable square packaging of Ritter Sport is a so-called three-dimensional trademark. The chocolate manufacturer registered it with the German patent and trademark office back in the 1990s. Over the past ten years, the manufacturer Milka has sought to exclude square chocolate from the list of patents, considering the current state of Affairs unfair competition.
According to German patent law, it is not possible to register a form as a trademark if it significantly affects the taste or price of the product and distinguishes the product from competitors. In the case of Ritter Sport, this is not the case, the verdict says.
"There is no reason to assume that the decision of consumers to buy chocolate in square packages is dictated to a large extent by the fact that the shape of this packaging carries significant value," the court ruled. "The square packaging of Ritter Sport chocolate remains a protected trademark," it said.