Bounty bar "not distinctive enough", says European Court
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The European Court of Justice ruled Wednesday that Mars' coconut bar Bounty, cannot be given a special European Trademark, because of the shape.
Mars applied for the application in 2003 claiming that its 'three dimensional' nature of the bars shape should be granted trademark status, but German manufacturer Ludwig Schokolade (look it up) challenge the decision claiming that it doesn't have any special characteristics. The Office of Harmonisation for the Internal Market withdrew the trademark in 2007 which resulted in Mars appealing.
The court concluded: 'In the present case, the allegedly distinctive characteristics, namely the rounded ends of the bar and the three arrows or chevrons on top of it, cannot be sufficiently distinguished from other shapes commonly used for chocolate bars'.
Mars applied for the application in 2003 claiming that its 'three dimensional' nature of the bars shape should be granted trademark status, but German manufacturer Ludwig Schokolade (look it up) challenge the decision claiming that it doesn't have any special characteristics. The Office of Harmonisation for the Internal Market withdrew the trademark in 2007 which resulted in Mars appealing.
The court concluded: 'In the present case, the allegedly distinctive characteristics, namely the rounded ends of the bar and the three arrows or chevrons on top of it, cannot be sufficiently distinguished from other shapes commonly used for chocolate bars'.
