Following a long-running legal battle, Swiss confectionary company Lindt & Sprüngli has secured trade mark protection for the gold tone of the wrapper of its iconic chocolate bunny. The success follows its well-publicised failure to secure trade mark protection for the shape of the popular Easter treat.
Commenting on the decision, Mark Kramer, partner at European intellectual property firm, Potter Clarkson, said:
This a real coup for Lindt because it is not easy to secure a trade mark for a signature colour - only brands with a proven reputation are able to do this, as we have seen recently with easyGroup when it secured a registration for aviation services in the UK for its distinctive orange tone.
“It also marks a change from disputes over the colour purple, which is a well-trodden path both in the world of confectionary and, more recently, pharmaceuticals with the high-profile dispute between GSK, Sandoz and Vectura about purple inhalers.
“This victory significantly bolsters Lindt’s protection of its flagship product and demonstrates how commercially valuable a colour-related mark can be for brands.”
