FrieslandCampina wins trademark rights for Chocomel yellow color

FrieslandCampina has secured exclusive trademark rights for the specific shade of yellow used on its Chocomel chocolate milk packaging within the Benelux region. The decision was issued by the Benelux Office for Intellectual Property (BOIP) in The Hague following a legal dispute with Spanish competitor Grupo Cacaolat.

The dispute arose after Grupo Cacaolat filed a trademark application for its brand, Chocolat, using a yellow color nearly identical to Chocomel’s signature Pantone PMS 116. FrieslandCampina argued that the similarity would cause consumer confusion and allow the competitor to unfairly benefit from the established reputation of the Chocomel brand.

The BOIP noted that Cacaolat had previously used a different shade of yellow, making the switch to the specific gold-yellow shade used by FrieslandCampina appear unlikely to be coincidental. The bureau found that the competitor could not provide a convincing explanation for the change in color. While the ruling establishes the trademark right, the BOIP noted it does not dictate the specific future actions FrieslandCampina will take regarding the competitor's products. Grupo Cacaolat maintains the right to appeal the decision within two months.