Ritter Sport
vs.
MONNEMer QUADRAT.
Ritter Sport
vs.
MONNEMer QUADRAT.
from
Stuttgart Regional Court: No trademark protection for Ritter Sport. Chocolate manufacturer loses trademark dispute against “MONNEMER QUADRAT”. .
Ritter Sport against oat bars from Mannheim
The plaintiff, a company associated with the well-known chocolate manufacturer Ritter Sport, defended itself before the Regional Court of Stuttgart against the packaging of the “MONNEMer QUADRAT” oat bar. The basis was a three-dimensional shape mark protecting a square packaging design with characteristic zig-zag closure flaps. Ritter Sport asserted claims for injunctive relief and subsequent claims under trademark law and argued that there was a likelihood of confusion and protection of reputation, as chocolate bars and oat and muesli bars were highly similar goods.
No risk of confusion despite square
The Chamber dismissed the action in its judgment of 13.01.2026 – 17 O 192/25(press release of 13.01.2026) because it was unable to recognize either a relevant similarity of goods or a similarity of signs. From the average consumer’s point of view, chocolate bars (dessert/sweets) and muesli bars (energy boosters with a “healthy” image) are different snacks, which are also not sold in the same place in the supermarket and are made from different main ingredients. The challenged tubular bag packaging also appears more rectangular, is higher, “airier” and has different, wider closure flaps with a coarser, differently aligned zig-zag pattern.
The public does not associate every square sweet with Ritter Sport.
No protection of reputation for the form alone
The protection of reputation did not help Ritter Sport to succeed either. The use of the oat bar packaging was not likely to take unfair advantage of or impair the distinctive character or repute of the shape mark. The court rejected any exploitation of reputation because the relevant public would not make a mental connection to the plaintiff’s trademark due to the design differences and the different product category. Even the advertising slogan “Square. Coconut. Clear.” was expressly not included in the legal assessment as it was not the subject of the dispute.
Conclusion
The trademark protection of Ritter Sport’s square packaging does not establish a monopoly position for all square snack packaging. Companies that use similar but different packaging shapes can – at least according to this decision – rely on the differentiation in product type, design and market presence. Despite the square packaging, competitors still have scope for design.
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