Stitch and Bear

A long-running Irish blog with reviews of the best restaurants in Dublin and throughout Ireland. Some wine and cocktails thrown in for good measure!

Wednesday, July 8, 2009

Bounty bar not distinctive.

What would you say if someone showed you the following bar of chocolate?

You'd immediately say Bounty, right?

Well apparently the Bounty bar isn't distinctive enough to warrant a European community trademark. The manufacturer, Mars, applied for a trademark on the basis of its unique "three dimensional nature" which was granted in 2003, but overturned following an appeal by manufacturer Ludwig Schokolade.

The European Court also said that a survey carried out by Mars in six of the then 15 member states - United Kingdom, Belgium, France, Germany, Italy and the Netherlands - did not necessarily mean the Bounty Bar's shape was regarded as a unique selling point throughout the EU.

What do you think? Can a manufacturer copyright a bar's shape - assuming that it doesn't carry a trademark or logo?


1 comment

Gillian said...

Wow I didn't realise they could trademark such a thing. But you are right, that bar in the photo a Bounty to me. That was my Mum's bar of choice when we were growing up. Now she has moved on to the LIDL ones. And they look the same as your photo too ... we still call them Bounty though.

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