On June 8, 2007, the Paris Court of First Instance considered this mark as distinctive for « cocoa, chocolate, chocolate products ». For the judge, this shape was neither necessary nor in relation with the substantial quality, taste or consistency of the products.
In fact, considering its specific size, composition and loop, this shape allows the products to be identified. Considering the very narrow position of Community case law, this French positive appreciation is another key point for trademark strategy.
