Halloween is tomorrow! It's time to stock up on candy for the costumed creatures, spooky spirits, and mini-monsters that will soon be haunting our doorsteps! But have you ever wondered about the magical effort behind your favorite Halloween treats? The candy industry is a cauldron of creativity, brewing up more than just delicious flavors—it’s also filled with legal twists and turns as companies seek to protect their distinctive designs.
Some candy makers go beyond protecting just the names of their products. They also secure trademark protection for the unique shapes and aesthetic appearance of their candies. Why? Because those shapes aren’t just fun—they’re key to building brand identity in a fiercely competitive market. Let’s unwrap the challenges of trademarking candy shapes!
Understanding Trade Dress Registration for Candy
Registering a candy’s shape as a trademark falls under trade dress, which covers the visual appearance of a product, including shapes, colors, layouts, scents, sounds and designs that point to the product’s source. To obtain trade dress protection, candy companies must show that their shapes are non-functional and may have to show acquired distinctiveness in the minds of consumers.
This means that the shape can’t be essential to the candy’s function and must be recognizable as part of the brand’s identity. When done successfully, trade dress protection ensures that consumers can spot their favorite treats among the colorful chaos of the candy aisle. It also allows companies to defend their trade dress against infringers, keeping their creative sweets exclusive.
Here are some sweet shapes that have been successfully registered:
The Iconic Bazooka Companies Ring Pop Registration No. 1846873
Whether you remember using them as jewelry or as a playful proposal to your childhood crush, Ring Pop’s signature ring shape is a classic. Bazooka Companies secured a trademark for this iconic candy, ensuring its place in the Halloween hall of fame.

Hershey’s Kiss Registration No. 2187189
The Hershey’s Kiss isn’t just a delicious chocolate drop—it’s a trademarked icon! The iconic conical shape has become synonymous with the Hershey brand and is recognized instantly by chocolate lovers everywhere.

Dove’s Delightful Chocolate Candy Registration No. 3755228
The small square shape of Dove chocolate, with the "Dove" imprint on top, has been trademarked by Mars. This simple yet distinctive design serves as a sweet source identifier for Dove’s velvety confections.

Katahdin Provisions’ Chocolates Registration No. 6436175
Katahdin Provisions’ chocolates resemble a miniature mountain with a white snowcap, symbolizing the brand’s rugged origins. This unique shape has climbed its way to trademark protection, securing Katahdin’s spot in the candy wilderness.

Roses Confections’ Rock Candy Crystals on a Stick Registration No. 2463117
This candy puts a twist on the classic lollipop—literally! A stick topped with rock candy crystals makes for a visually striking treat, earning Roses Confections a trademark for their one-of-a-kind creation.

Conclusion
So, when you dig into that candy cauldron this Halloween, take a moment to appreciate the shapes that make your treats special. Those iconic designs aren’t just about fun—they’re powerful symbols of brand identity, protected by trade dress. It’s how candy companies ensure that their creations stand out in a marketplace full of sugary rivals, giving you a distinctive treat that’s not only delicious but also a testament to sweet, spooky creativity.
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