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TOBLERONE logo will not depict the Matterhorn anymore

The Matterhorn design will disappear from the packagings of TOBLERONE chocolate bars. The manufacturer and brand owner, Mondelez International, is no longer allowed to depict the iconic Swiss mountain. By relocating part of the production outside Switzerland, its chocolate bars no longer meet the criteria of Swissness legislation.

Production has been carried out in the capital of Switzerland, Bern, since 1908. This summer, part of the production will take place in Bratislava, the Slovakian capital.

The label will therefore be changed. A generic mountain logo will replace the current one. “The new packaging design introduces a modernised and streamlined mountain logo that aligns with the geometric and triangular aesthetic”, as announced by the manufacturer.

TOBLERONE, the mountain-shaped Swiss milk chocolate with honey and almond nougat, was first sold in 1908 in Bern. In 1970, the silhouette of the Matterhorn began to be used on its packaging.

Since 1 January 2017, the Swiss law strongly limits the use of elements indicating a Swiss origin. Swissness quality is an important selling point for many companies. The “Swiss brand” enjoys an exceptional reputation both in Switzerland and abroad and confers a decisive added value to the product or a decisive purchase factor. The Swissness legislation aims to better protect the name “Switzerland” (and the use of the Swiss cross) and to prevent its misuse so that the value of the “Swiss brand” is maintained. This legislation defines the requirements that goods or services must meet in order to be able to bear the designation “Swiss”. If these criteria are fulfilled, anyone can use the Swiss indication of source on an optional basis and without prior authorisation.

The Federal Act on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act, TmPA) is the legal basis for the “Swiss brand”. In order to define their origin, products are divided into three categories: natural products (Art. 48a TmPA), foodstuffs (Art. 48b TmPA) and industrial products (Art. 48c TmPA). The Ordinance on the Use of Swiss Indications of Source for Foodstuffs is also applicable.

For a foodstuff product, the following two requirements must be complete: at least 80 % of the weight of the raw materials come from Switzerland (100 % of their weight for milk and milk products) and the processing, which gives the foodstuff its essential characteristics, takes place in Switzerland.

Nathalie Denel

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Based in Geneva, SEDIN assists you in protecting, enhancing and defending your trademarks and intellectual property assets in Switzerland and internationally.

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