Trademark battles in the candy world have hit the headlines in recent days. Toblerone’s legendary trademark for the unique shape of its bars is being challenged by an upstart company in a European court, and the denial of KitKat’s U.K. trademark for its break-apart bar shape is the latest setback in the company’s seven-year legal battle. Do you know what you should about trademark law?
A trademark can be a word, phrase, logo, design, shape, color or virtually anything used to identify the source of a product and distinguish it from competitors’ products. More than one trademark may be used in connection with a product. For example, HERSHEY’S KISSES, SEALED WITH A HERSHEY’S KISS and are all trademarks for a specific candy.