Last but not least: Trademark protection for Schoggi reindeer
Lindt & Sprüngli has been granted trademark protection for a chocolate reindeer wrapped in gold foil. This was decided by the Federal Administrative Court. The chocolate manufacturer’s St. Nicholas figure, however, was denied the same protection.
Lindt & Sprüngli receives trademark protection for a chocolate reindeer wrapped in gold foil. The company had registered the chocolate animal as a three-dimensional trademark in 2004. However, the Institute for Intellectual Property considered the shape not to be protectable as it was not distinctive enough. Lindt & Sprüngli then added the word "Lindt" to its product. The application for trademark registration was nevertheless rejected. The chocolate manufacturer then appealed to the Federal Administrative Court. It has now ruled in favor of Lindt & Sprüngli: The reindeer's special head shape, the antler painting, the deliberate choice of color and style and the "Lindt" lettering make it distinctive overall.
Other manufacturers could not be prevented by the trademark protection from also selling golden chocolate reindeer. However, if the color combination, the design and the lettering are also imitated, Lindt & Sprüngli should be able to defend itself against this.
What the reindeer has now been granted was denied to his lord and master. In March, the Federal Administrative Court ruled that Lindt & Sprüngli's golden chocolate Santa Claus was rightly denied registration as a shape mark.
Other manufacturers could not be prevented by the trademark protection from also selling golden chocolate reindeer. However, if the color combination, the design and the lettering are also imitated, Lindt & Sprüngli should be able to defend itself against this.
What the reindeer has now been granted was denied to his lord and master. In March, the Federal Administrative Court ruled that Lindt & Sprüngli's golden chocolate Santa Claus was rightly denied registration as a shape mark.
