BGH's verdict: chocolate square of Ritter Sport remains protected as a trademark

Ritter Sport remains the only square of chocolate in the German super market shelves. The traditional manufacturer from Waldenbuch, near Stuttgart, from the cha

BGH's verdict: chocolate square of Ritter Sport remains protected as a trademark

Ritter Sport remains the only square of chocolate in the German super market shelves. The traditional manufacturer from Waldenbuch, near Stuttgart, from the characteristic form of packaging more than to protect the brand.

the Federal court of justice (BGH) in Karlsruhe ruled on Thursday, in the last instance. The competition of Milka had ten years of trying to overturn the monopoly in the end in vain. (Az. I 42/19, etc.)

The Form has no artistic value

It seems a bit absurd, but a brand can always claim no protection, if it consists exclusively of a shape, "which gives the product substantial value".

This is not for the judge in the case of Ritter Sport by the case. Consumers see packaging as a note on the origin of chocolate, and associate it with quality expectations. The Form but have no artistic value and would not lead to differences in price.

Updated Date: 23 July 2020, 12:20

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