Italian chocolatier Ferrero’s plans have been spoiled after it failed to register a 3D trademark for its popular chocolate ‘Ferrero Rocher’ before the Intellectual Property Office of Singapore (IPOS).

December 19, IPOS announced the rejection, stating that Ferrero had “ultimately failed to do so due to the lack of distinctiveness of the application mark as a trademark on its own”.

Ferrero had sought to register the trademark, which consists of a gold-wrapped ball of chocolate sitting within a brown, pleated paper cup, in 2013. The trademark also features a blank white sticker on top of the gold ball.

However, IPOS (in a decision handed down in late last week) has concluded that “recognition and association are not sufficient”, citing the Singapore Court of Appeal’s decision in Société des Produits Nestlé v Petra Foods.

Source: World IP Review