Chocolate Bunny Not Distinctive

August 7, 2013

Chocolate Bunny Not Distinctive

After an eight-year legal battle, the European Court of Justice has confirmed that the ‘Gold Bunny’ packaging used by chocolatier Lindt is insufficiently distinct to warrant registration as a three-dimensional trade mark.

Lindt sought to register as a trade mark the shape of the rabbit, its gold foil wrapper and the red ribbon and bell shape around its neck. All applications were rejected.