Hershey’s Chocolate Bar Trademark: A Case Study in Product Design Protection
Trademarking the Unconventional: Hershey’s Chocolate Bar Design
After a legal battle, Hershey’s Chocolate and Confectionary Corporation secured a trademark for the physical design of their iconic chocolate bar. This victory sets a precedent for product designers, as it demonstrates that even subtle design nuances can be legally protected.
The Trademark Battle
Hershey’s trademark application was initially rejected by the U.S. Patent and Trademark Office (USPTO) due to the functionality of the bar’s scored surface. However, Hershey’s successfully appealed by proving that consumers associated the unique design with their brand, even in the absence of the brand name.
The Distinctive Design
The USPTO ultimately granted Hershey’s trademark protection for twelve equally-sized recessed rectangular panels arranged in a four-panel-by-three-panel format. Each panel has a raised border within a larger rectangle. While individual design elements are often not protectable, the combination of these features created a distinctive topography that consumers recognize as Hershey’s.
The Significance of Subtle Nuances
Hershey’s victory highlights the importance of subtle design elements in branding. Although the individual ridges and troughs of the chocolate bar are functional, they also contribute to the brand’s identity. This case demonstrates that even seemingly minor design choices can have a significant impact on consumer perception.
Utility vs. Non-Functional Design Features
The USPTO distinguishes between utility and non-functional design features when considering trademark protection. Utility features are essential to the object’s function, while non-functional features serve primarily aesthetic or decorative purposes. Hershey’s chocolate bar design was deemed non-functional because it does not significantly enhance the bar’s functionality.
Brand Recognition and Consumer Association
Hershey’s strong brand recognition played a crucial role in their trademark victory. Consumers have come to associate the unique design of the chocolate bar with the Hershey’s brand. This association allowed Hershey’s to argue that the design itself had acquired distinctiveness, separate from its functionality.
Implications for Product Designers
The Hershey’s case serves as a cautionary tale for product designers. While functionality is important, incorporating distinctive design elements that consumers can associate with a brand can be essential for trademark protection.
The Influence of Design on Consumer Experience
The design of a product can significantly influence consumer experience. In the case of chocolate bars, the shape, texture, and even the sound of the snap can contribute to the overall enjoyment of the product. Hershey’s chocolate bar design is a testament to the power of thoughtful design in creating a memorable and satisfying experience for consumers.
