Lindt’s Golden Bunny: A Sweet Triumph in Trademark Protection

During your Easter preparations, you have certainly relished the distinctive Lindt chocolate bunny coming in gold packaging with a red ribbon and a hanging bell.🐣🐇🍫🧣🔔
 
Already in 2004, Chocoladefabriken Lindt & Sprüngli AG attempted to register it as a three-dimensional trade mark, but with no success.™️3️⃣
 
Lindt appealed the decision of OHIM all the way to the Court of Justice of the European Union EU Court of Justice which found that the mark lacked distinctiveness. In addition, the court pointed out that Lindt also failed to demonstrate it had acquired secondary distinctiveness.🏢🇪🇺🧑🏻‍⚖️👩🏼‍⚖️👨🏽‍⚖️
 
However, the breakthrough came in 2021, when the Federal Court of Justice in Germany Bundesgerichtshof ruled the golden colour of the foil in which Lindt’s chocolate bunny is wrapped shall be protected as an unregistered trade mark under German law.⚜️🐇™️🇩🇪