Düsseldorf, 13.01.2026 – “We are pleased that the court has followed our arguments on the key points. The decision clarifies that the scope of protection for Ritter Sport’s square chocolate bar packaging is narrowly defined and cannot be arbitrarily extended to other product categories such as oat bars. This confirms the fundamental principle of trademark law: protection is granted, but only where there is a real risk of likelihood of confusion,” explains Tamara Moll, attorney-at-law, who represented Wacker GmbH in the proceedings.
The court expressly acknowledged that oat bars and chocolate bars differ significantly in composition, taste, intended use, target audience, and placement in retail. “Our product is aimed at health-conscious consumers who want a natural snack without additives – not a classic chocolate bar. Anyone with common sense can see: if you buy an oat bar, you won’t confuse it with chocolate – nor will you switch product type simply because of the shape of the packaging,” says Matteo Wacker of Wacker GmbH.
It is also important that the court acknowledged the differences in the design and overall appearance of our packaging. The rectangular base shape, distinct colouring, and design elements ensure that there is sufficient visual distance from Ritter Sport’s square packaging trademark. Against this background, the court rightly denied any trademark-related risk of confusion or unfair exploitation of the reputation of the Ritter Sport’s trade mark.
This decision sends a strong signal to manufacturers of innovative food products. It provides legal certainty and demonstrates that well-known shape marks, especially those based on purely geometric forms, must not be misunderstood as a general monopoly over certain basic shapes on supermarket shelves. Tamara Moll emphasises: “Our client Wacker can now continue to sell its MONNEMer Squares in their current form – and consumers will still have a genuine choice on the shelf.”
Picture credits: Wacker
