Insights

Chocolate Bunny Not Distinctive

After an eight-year legal battle, the European Court of Justice has confirmed that the ‘Gold Bunny’ packaging used by chocolatier Lindt is insufficiently distinct to warrant registration as a three-dimensional trade mark.

Lindt sought to register as a trade mark the shape of the rabbit, its gold foil wrapper and the red ribbon and bell shape around its neck. All applications were rejected.

- Ben Madden
- Partner
- 01689 887845
- 07880 555559
- View profile

A trade mark must have a distinctive character to be accepted. In this case, the Court was satisfied that each element failed the distinctiveness test.

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.

How can we help?

Please send us your enquiry in the form below and we'll get back to you as soon as possible

Forename Please enter your forename

Surname Please enter your surname

Email Please enter your email address

Telephone Please enter your telephone number

Area of Law

Please select which area of law your enquiry is related to

Your question Please enter a question

How did you hear about us?

Please let us know how you heard about us

I consent to receiving the occasional email regarding legal news, seminars and your other services which may be of interest.

Captcha

Please enter the verification code

People

Alison went above and beyond to help me with a very difficult and complicated dispute. This is the second time she has helped me, and I am grateful for her help. She was very understanding and cared about my situation. I now have my children full time, and my life can move forward.
from a Recent Client (2026)
I called CWJ as I needed documents Apostilled urgently. I received a callback straight away, and Alis explained the process in detail, and a summary was emailed to me. I attended their offices and received a friendly welcome, and the whole process was dealt with quickly and professionally. Thank you, Alis.
from a Recent Client (2026)
CWJ were excellent in helping me navigate through an employment settlement agreement. Everything was smooth from the start, from the ease of getting in touch with the team to organising the phone consultation, to regular check-ins throughout the process. They ensured I felt informed and taken care of.
from a Recent Client (2026)
A huge thank you to Carly, Heidi, and their team for all the help and guidance over the last few months in the sale of our late Mother’s property. They were friendly, professional, and incredibly prompt. We had numerous questions, all of which were answered clearly and immediately. The support they provided made us feel at ease throughout the entire process. We would highly recommend CWJ.
from a Recent Client (2026)
I have used CWJ on two occasions now, an exceptional solicitor in every sense. They were approachable, patient, and took the time to explain things in plain English. I felt supported and reassured throughout the entire process, and their expertise was evident at every stage. Thanks to their dedication and hard work, everything was handled smoothly and efficiently. I wouldn’t hesitate to recommend them to anyone needing reliable and trustworthy legal advice.
from a Recent Client (2026)
CWJ helped us move home, acting on both our sale and onward purchase. We found them to be responsive and very knowledgeable, providing a professional and well managed service from start to finish. Thank you!
from a Recent Client (2026)
Sandy was friendly and professional from our first meeting. He was always honest, fair and transparent with his advice. Always had my best interests in mind, especially when it came to my costs. Very prompt in his responses to emails and phone calls. Even when he was away from the office, he made sure I had a contact there to help me if needed. Would highly recommend Sandy.
from a Recent Client (2026)
Amazing service, friendly and professional, and fitted me in without delay. Have used CWJ twice now and will use again if needed.
from a Recent Client (2026)

Insights

Provisional Road Injury Statistics for 2025 Released

The government has published provisional statistics on injuries on public roads in Great Britain...

Ex-husband's Share of Family Home Held by Trustees in Bankruptcy

The High Court has dismissed an ex-wife's appeal against a ruling that her former husband's...

Contact our office
- - Orpington
  - - 01689 887887
Make an enquiry