Toblerone forced to drop Matterhorn from packaging due to Swiss rules

Categories: Disputes

Ellis Sweetenham
March 6, 2023

Mondelez has been forced to remove the image of the mountain peak the Matterhorn from their packaging.

An image which has become synonymous with Toblerone packaging, the triangular chocolate bar has included the Matterhorn on its packaging since 1970.

This references the link with the product being produced in Switzerland. The mountain shaped chocolate was created with Swiss milk and honey.

However, a new update from Mondelez has changed all of that.

The company has announced that it will be moving some of its production to Slovakia to increase production to continue to offer its products globally. This means that not all of the products are now being produced in Switzerland.

This has kicked in the rules for ‘Swissness’.

In 2017, Switzerland has introduced rules that national symbols, such as the Matterhorn, cannot be used to promote milk-based products that are not made exclusively in Switzerland. For other raw foodstuffs the threshold is at least 80%.

As Toblerone products are milk-based products, the Matterhorn has to be removed from the packaging.

Mondelez has confirmed that the image will be removed from the packaging and the packaging will be updated with new imagery and new fonts.

There are a number of rules globally to consider when it comes to releasing your products. If you are starting a new business, please do get in touch to discuss it with our team.

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Written By:

Ellis Sweetenham

Ellis is a contentious and non-contentious intellectual property (IP) solicitor at Lawdit Solicitors. Ellis also is an the Director and an intellectual property law consultant at Lawdit’s sister company Trademarkroom. Ellis qualified as a solicitor in 2019, and over her qualified years has gained valuable experience in all contentious and non- contentious matters relating to trade marks, copyright, designs and patents. Ellis has represented clients in a variety of matters, including those relating to infringement, licensing, oppositions, cancellations, invalidations, assignment, portfolio management, pre-filing due diligence and registration. This includes matters before the Intellectual Property Enterprise Court, UK Intellectual Property Office, EU Intellectual Property Office and Word Intellectual Property Organisation. In addition to IP matters, Ellis is also experienced in other commercial law matters, including music law, defamation, data protection, civil litigation and commercial disputes. Ellis has built a reputation for being detail-focused and thorough, always available to provide clients with the highest level of client care. Ellis acts with the highest level of professionalism to ensure that her clients are well informed and their best interests are at the centre of all advice given and action taken. Ellis is a regular on the Lawdit Solicitors Mark Wing Podcast, and has written many legal articles, both for Lawdit and Trademarkroom’s reading room, as well as for external IP publications. Ellis is based in our Isle of Wight office.