EU Confectioners Not Entitled to Trademark for Chocolate Rabbits and Reindeer

Having considered the matter for some six years, the General Court of the European Union (EU) has determined that chocolate makers Lindt & Sprüngli AG and August Storck AG cannot register certain three-dimensional shapes, their colored wrappings and ribbons as European Community trademarks. According to the court, chocolate rabbits, reindeer, bells, and mice “cannot be considered to be capable of identifying the commercial origin of the goods they designate.” The court opined that the Lindt & Sprüngli application involved shapes typical of those “presented at certain times of the year, in particular at Easter and Christmas.” The August Storck application was “made up of a combination of standard presentation elements, typical of the goods concerned,” said the court. See General Court of the European Union Press Release No. 124/10, December 17, 2010.