> doesn't mean you shouldn't account for even the small amount of cases where you do Yes, it absolutely means that. We're not talking about some kind of inalie

> doesn't mean you shouldn't account for even the small amount of cases where you do Yes, it absolutely means that. We're not talking about some kind of inalienable right. Trademarking such a broad thing as candy shape is heavy-handed approach which should be out of question unless there is a chance for really massive amount of customer confusion (and even then, it's arguable). BTW, in my country you can buy a chocolate that shares the shape with Toblerone. It has entirely different name and packaging and no one is ever confused.