Hershey Bar Eligible For Trademark Registration, TTAB Rules

Law360, New York (July 2, 2012, 3:35 PM EDT) -- The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board ruled Thursday that The Hershey Co.'s grid-like design of its chocolate bars was distinctive and not functional as a whole, reversing an initial rejection by the agency.

In 2009, the examining attorney argued that the 12-block rectangular design of Hershey's candy bar was a functional feature and found the design was ineligible for trademark protection.

But on Thursday, the TTAB reversed the examiner's findings, ruling that while producing bars in rectangular segments could be functional,...
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