Chocolate figurine shapes are not distinctive enough to merit trademark protection in the European Union, according to a ruling recent from the EU's second-highest court.

Swiss chocolate maker Lindt and German confectioner August Storck had challenged a ruling of the EU's trademark office that the designs of several of their chocolate shapes and ornaments were not unique before the EU General Court. But the General Court agreed with the trademark office that "a rabbit, a reindeer and a small bell are typical shapes in which chocolate and chocolate goods are presented at certain times of the year, in particular at Easter and Christmas." The court ruled that the various chocolate designs were not unique enough for a consumer to be able to identify each chocolate's brand based on the shape alone. It also noted that many confectionery makers package their products in gold foil.

In 2004 and 2005, Lindt tried to register trademarks for a chocolate rabbit and a chocolate reindeer covered in gold foil and adorned with a small bell on a red ribbon. The chocolate maker also sought trademark status for the bell collar itself as well as for another chocolate rabbit covered in gold colouring. German manufacturer Storck also applied to trademark the shape of its rectangular chocolates decorated with a relief of a rabbit.