Toblerone shape not distinctive enough for trademark, Poundland claims

Toblerone may be ruing its decision to increase the gaps between its bar’s iconic triangular peaks after it was argued in a court case that they are no longer distinctive enough to be a trademark.
Poundland has argued that the triangle shape of Toblerone isn't unique enough to warrant a trademark, as it bids to defend its copycat bar in court.
Mondelez sent a warning to the high-street chain last month which delayed the brand's launch of Twin Peaks, a long chocolate bar with two ridges, mimicking the Toblerone shape.
Poundland announced the bar after the unfavourable reception of news the Swiss chocolate maker would have to increase the gaps between the peaks in its own bars to compensate for higher production costs. The budget chain claims that Toblerone’s owner Mondelez “irretrievably abandoned” the trademark on the chocolate bar’s shape when it cut the number of chunks from 11 to nine, according to court documents seen by the Guardian.Poundland was forced to delay the launch of its new bar last month after Mondelez sent a warning about trademark infringement.
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Poundland delays 'copycat' Twin Peaks chocolate bar
The registered shape is a 12-chunk version, which hasn’t been on sale in the UK since a previous round of shrinkflation in 2010 reduced the number of segments to 11.