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There are only 3 possible simple designs for separable chocolate bars (trapezoidal, rounded and rectangles with a gap), so allowing to trademark any of them wou
by devit 8y ago
There are only 3 possible simple designs for separable chocolate bars (trapezoidal, rounded and rectangles with a gap), so allowing to trademark any of them would be bad.
- YokoZar 8y agoIn American law Trademarks cannot be "functional" -- you can't trademark the fact that your wheels are round, since wheels have to be round. In Europe their priorities are...different.
- jazoom 8y agoBut it seems USA has patents used for that purpose.
- maxerickson 8y agoThe EU has patents. In the US, design patents also can't cover functional elements.
- jazoom 8y agoI think you missed my point, which is readily understood by a quick scan of this website: https://www.eff.org/issues/stupid-patent-month https://www.eff.org/issues/stupid-patent-month
- YokoZar 8y agoYes, but patents expire. A patent on the KitKat would have expired long ago.
- jazoom 8y agoSo do trademarks.