Toblerone’s trademark is potentially in jeopardy. The shape isn’t distinctive enough, claims retail giant Poundland.

Poundland have created their very own ‘Twin Peaks’ chocolate bar – with a distinct similarity to the Toblerone bar. The Twin Peaks is made up of a long chocolate bar of the same shape, but with two separate ridges.

Legal threats from Toblerone have resulted in Poundland delaying the product’s launch. But Poundland has criticised Toblerone, questioning whether they should be able to rely on the trademark – given the chocolate bar’s lack of uniqueness.

Poundland have argued that the EU trademark, granted to Toblerone’s owner, Mondalez, in 1997, is no longer relevant because of the distinct difference in the Toblerone bar now, compared to when the trademark was granted. 

Toblerone has reduced the bars weight, and increased the space between each of the triangular pieces of chocolate. These changes have raised questions about whether the trademark is still valid.

The legal battle continues: is the Twin Peaks bar ‘deceptively similar and confusing’? Poundland argue that – because they’re using shapeless packaging –  there won’t be any confusion between the bars on the shelf.

Watch this space.

For more information, please contact Nick de Figueiredo.

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