Can you trademark a shape?

The Federal Supreme Court ruled that the gold-coloured foil-wrapped chocolate bunny from Lindt & Sprüngli can claim trademark protection against the competing product from Lidl. Lidl is no longer allowed to sell its rabbit because of the risk of confusion and must destroy existing copies of the product.

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

Kickresume is an example of a successful startup business created by Tomáš Ondrejka and Peter Ďuriš. This online tool for the creation of CVs has already helped more than 1,000,000 users get their dream job. It is the easy-to-remember name of Kickresume that has fostered the growth of this project. At the same time, it was the fear of the possible need to rebrand a successful business name that highlights the importance of brand protection efforts in the early stages of startup companies.