What’s the Connection Between Design and Chocolate?

Iconic chocolate brands are globally recognized not only for their taste but also for the image they convey through their distinctive product designs. Many of these companies have registered their names, logos, and slogans as trademarks within the European Union, but few are aware that they have also registered the designs of their products with the European Union Intellectual Property Office (EUIPO). This strategic move allows them to protect not just their brand identity but also the unique appearance of their products, strengthening their market position.

Design as a Key Element in Brand Protection

From the shape of a Cadbury chocolate bar to the signature wrapping of a Lindt chocolate reindeer, companies leverage design rights to secure exclusivity over their product’s appearance. These design rights cover not just three-dimensional shapes, but also presentation elements like colors, textures, and unique combinations of graphic and decorative features. By registering the design, brands prevent other companies from copying or imitating the look of their products, thus avoiding consumer confusion.

Famous Examples of Design Protection

A well-known example is the distinctive triangular shape of Toblerone chocolate, evoking the peaks of the Swiss Alps. This shape is protected by registered design rights, allowing the company to prevent the sale of similar products that could mislead consumers. Another example is the Lindt chocolate reindeer, wrapped in gold foil and tied with a red ribbon—a signature holiday item. Lindt has registered this design, giving it legal protection and exclusive usage rights.

Advantages of Registering a Design with the EUIPO

Registering a design with the EUIPO offers several key advantages. Firstly, the protection is valid across all EU member states, providing broad coverage. Secondly, design rights can be extended for up to 25 years, ensuring long-term protection. Additionally, registering a design can enhance brand value, making the product more attractive and recognizable to consumers.