Cadbury loses trademark battle with Whittaker’s

Chocolate giant, Cadbury, has lost its attempt to stop rival company, Whittaker's, from trademarking the name of a chocolate block.

Cadbury was trying to stop Whittaker's from trademarking the term 'Berry Forest', arguing it too closely resembles Cadbury's 'Black Forest' chocolate flavour and would confuse customers.

According to stuff.co.nz, the Intellectual Property Office ruled that Berry Forest is "sufficiently different" and could be registered as a trademark.

"I find that, as a whole, the opposed mark is visually, aurally, and, most importantly, conceptually dissimilar to the opponent's registered mark," said Jennie Walden, assistant commissioner of Trademarks.


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