When Milka comes up with a comparably shaped bar in 2010, a conflict arises. Milka is fighting it in every way possible. Ultimately, the case revolves around the question of whether a shape can possibly give substantial value to a product.
The German court ruled that the square shape does not give substantial value to the product. This question can arise with a certain type of products, if the shape has an artistic value, the shape differs vastly from what is usual, if there is a big price difference or if there is a clear marketing campaign to emphasize certain artistic aspects of the design.
This case involves a plain white square packaging, which is not expensive and has no value. The shape mark is therefore valid. Milka is no longer allowed to use the square shape.trademark-registration
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