If you’re a candy fan, there’s probably lots of candy brands you can identify just by looking at the candy itself. In other words, a chocolate bar or a piece of candy can be a trademark.
Ritter Sport® has been using this shape for its chocolate bars since the 1930s. It’s been fighting to keep the exclusive rights to the shape in its home in Germany but, so far, its registration in the U.S. is holding steady.
Hershey’s® has been using this shape for its chocolate bars since 1968 but . . .
. . . the even more famous shape of a Hershey’s Kiss® dates back to 1907 and has been registered since 1924.
In 2006, Nestlé® tried to register a trademark for the shape and look of these candies. The U.S. Trademark Office refused Nestlé’s application because the proposed mark was confusing similar to Hershey’s registered trademark. Duh.
James’® and Fralingers® have been battling over the rights to claims about originality of salt water taffy and its shape for over a century. Fralingers started calling itself the “original” salt water taffy in 1894. James’ couldn’t call itself the “original” so it started using CUT TO FIT THE MOUTH to describe the shape of its taffy in 1910.
And, of course, Just Born® has been using this shape for its Peeps® since 1958.
Can you think of any other candy or food product with this kind of trademark?
Shout out to Rebecca W. for the suggestion that led to this blog post.