The Regional Court of Stuttgart has dismissed a trade mark action brought by Ritter Sport against the packaging of a square oat bar from Mannheim. In the opinion of the court, there is neither a likelihood of confusion nor a claim based on the protection of reputation.
The 17th Civil Chamber of the Regional Court of Stuttgart ruled on 13 January 2026 that the square packaging body of Ritter Sport cannot claim trademark protection against the packaging of the „Monnemer Quadrat“ oat bar. The action, which was based on a three-dimensional German shape trade mark, was dismissed in its entirety.
No risk of confusion between chocolate and oat bars
The lawsuit was filed by a company affiliated with the manufacturer of Ritter Sport chocolate bars, which is the owner of the protected shape trade mark. This trade mark describes a three-dimensional packaging body with a square base and characteristic closure flaps. Since November 2024, the defendant from Mannheim has been selling oat bars in a tubular bag packaging that also has a square appearance.
In the opinion of the court, there was already no relevant similarity of goods. The average consumer would perceive chocolate bars and oat or muesli bars as different product categories. While chocolate is regarded as a sweet or dessert, muesli bars are more likely to be categorised as functional, „healthy“ sources of energy. In addition, the products are not sold in the same place and are based on different main ingredients.
Clear visual differences in the packaging
The Chamber also did not see any similarity between the signs. Only the pure packaging shape without imprint was decisive. The contested packaging appeared rectangular overall, was higher and more airy in design and differed clearly from the protected shape mark, particularly in the design of the closure flaps and their embossing. In addition, the court pointed out that square shapes are not unusual for confectionery and that the public does not automatically associate every square packaging format with Ritter Sport.
No claim from protection of reputation
Finally, the court also denied a claim based on the so-called protection of reputation. The use of the contested packaging was not likely to take unfair advantage of or adversely affect the distinctive character or repute of the Ritter Sport trade mark. Consumers could not be expected to make a mental association with the trade mark in suit. The advertising slogan used by the defendant played no role in the decision as it was not the subject of the proceedings.
The judgement is not yet final.
Source: Stuttgart Regional Court
