Trick or Treat: Trademarked Candy Shapes - Fordham Intellectual Property, Media & Entertainment Law Journal
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Trick or Treat: Trademarked Candy Shapes

Trick or Treat: Trademarked Candy Shapes

When you reach into your trick or treat basket for a Halloween treat, can you pick what you want just by its shape?  Many candy manufacturers have registered trademarks for the shapes of their candies.  Some examples include: Ring Pop, Blow Pop, Lifesaver, Pez, Tic Tac, M&M’s, Twizzler, Skittles, Candy Buttons, Tootsie Roll, Hershey’s Kiss, Toblerone, Dum Dum’s, and Tootsie Pop.  This past July,  Hershey’s successfully registered the shape of its bar as a trademark, because the bar’s recessed rectangles with a raised border was not functional and the design had acquired distinctiveness.

Jamie Kringstein

Jamie Kringstein is a second year student at Fordham University School of Law and is an IPLJ staff member. She grew up in Bergen County, New Jersey, but does not like to admit it–so she usually says she is from New York City where she moved when she was 15 years old. When she is not blogging and studying, she is usually traveling around the world and hoping to make it to her last continent–any guess which one?