The square Shape has become Ritter Sport's trademark - and is now the subject of a legal dispute. The Mannheim-based company Wacker sells oat bars in square packaging - and has been sued by the chocolate manufacturer.
In November, the Regional Court of Stuttgart will be dealing with a question that seems trivial at first glance - but could have a major impact: Can an oat bar be packaged in a square? The background to this is a lawsuit filed by Ritter Sport against the Mannheim-based company Wacker. The chocolate manufacturer considers the square packaging of the „Monnemer Quadrat Bio“ bar to be an infringement of its trade mark rights.
Wacker wants to celebrate Mannheim - and ends up in court
According to Wacker GmbH, the design was intended to allude to Mannheim's urban structure („square city“). The company has been selling its oat bars in a square shape since November 2024 - without ever wanting to establish a connection to the Ritter Sport brand, according to Managing Director Matteo Wacker. However, a warning letter followed in January. Later: the lawsuit.
Ritter Sport argues that the square packaging is a key recognisable feature of the brand and has become firmly anchored in the minds of consumers through decades of use with the chocolate product. The company refers to what is known as „market penetration“, i.e. the strong association between the shape and the trade mark - a property right that has so far applied to the chocolate sector.
Similarity of goods - and the legal grey area
From Ritter Sport's point of view, there is a „legal similarity of goods“ between chocolate and oat bars, meaning that there could be a trade mark conflict. The lawyer for trade mark law, Thomas Janssen, commented in the SWR interview more differentiated. Although a square shape is generally not protectable, Ritter Sport is a special case: „The company has achieved an outstanding reputation through decades of using square packaging.“ However, this reputation is only legally protected in connection with chocolate.
Janssen emphasised that the scope of protection may not be transferable to oat bars: „I would also grant Wacker a certain chance of success in this process.“ The decisive factor will be whether the shape alone creates the impression of confusion of origin with Ritter Sport - or whether consumers clearly recognise the oat bar as a separate product.
Packaging form as a monopoly issue
The case raises fundamental questions for the packaging and branding industry. Where does a company's legitimate interest in making its products recognisable end? And where does a monopoly on standard shapes such as rectangles or squares begin? Industry observers see the trial as a possible signal for other brand manufacturers as to how far shape protection can go.
According to Wacker, it has tried to reach an out-of-court settlement, but has apparently met with little response. The first hearing is scheduled for 18 November. The court's decision could also have an impact on how distinctive packaging shapes are handled in the future - especially in the food and consumer goods industry.