The shape of a sweet can not be reserved. That is the definitive ruling of the EU’s top court, disappointing the plaintiff, a German company bent on making life a little bit sweeter and happier for people in more than 90 countries – according to one of its mottos.
It has been told it can not legally prevent others from putting out a product in the same elliptical shape of the well-known toffee-flavoured hard candy called Werther’s Originals, made by Storck.
The 100-year-old family-owned and operated firm had failed to convince the Office for Harmonization in the Internal Market and so went higher. But the Court of Justice said the form was not inherently distinctive.