Judge signals support for Ritter Sport in trademark case over square oat bar
The Higher Regional Court in Stuttgart heard the appeal on Thursday, 15 October, and its presiding judge said the square packaging of Wacker's oat bar is confusingly similar to Ritter Sport's. The court plans to announce its ruling on 5 November.
Judge signals support for Ritter Sport
The Higher Regional Court in Stuttgart (Oberlandesgericht Stuttgart) heard Ritter Sport's appeal against the Mannheim firm Wacker on Thursday, 15 October, from 10:30. Presiding judge Christoph Stefani signalled agreement with the Waldenbuch chocolate maker's claim. He described the two square packages as strikingly similar and said the products could be confused because they serve a very similar purpose. Stefani also said the packaging violates the Trademark Act, which gives Ritter Sport a claim to an injunction and damages. The case is filed under 2 U 3/26, and the court plans to announce its ruling on 5 November.
There has been a violation of the Trademark Act.
How the dispute began
Wacker launched its 'Monnemer Quadrat Bio' oat bars in November 2024. Managing director Matteo Wacker said the packaging drew on Mannheim's city centre, which is laid out in squares. The design also recalls Ritter Sport's square bar, although the Wacker product is smaller than the classic 100-gram chocolate and has longer side flaps. Ritter Sport first wrote to Wacker in January 2025 and later filed suit. According to court information, it wants Wacker to stop using the current packaging, recall goods already delivered and pay damages.
- Wacker launches the Monnemer Quadrat Bio oat bars
- Ritter Sport sends its first letter to Wacker
- Appeal hearing at the Higher Regional Court in Stuttgart
- Scheduled announcement of the ruling
Ritter Sport says its square packaging has been protected as a trademark since 1996 and that it never consented to its use. The company also holds a registered blank design at the German Patent and Trademark Office, neutral with no print but with side flaps and a seam for folding. Its argument is that chocolate and muesli bars are similar goods, sold side by side in shops, eaten as snacks straight from the wrapper and aimed at the same audience. The company has defended its trademarks in court before, including a long-running case against Milka. Ritter Sport lost at the Stuttgart Regional Court in January and appealed that decision.
Wacker's defence
Matteo Wacker, 34, said he expected the appeal court to confirm the lower court's decision. He called the claim absurd and argued that a square is a basic geometric shape that should hardly be protectable.
For us, it is still absurd.
He also said the Monnemer Quadrate Bio are not chocolate at all. In supermarkets, he noted, chocolate is displayed with chocolate, while the oat bars sit under cereals, and consumers use the two products for different needs.
Reaction and possible costs
Melanie Wacker, 37, the managing director and spouse of Matteo Wacker, said the court's position had come as a surprise. She said the couple had to hold themselves back from crying. She added that they still considered themselves completely in the right and had to weigh whether to take the decision further or not, while also thinking about the economics. Her lawyer estimated that a dispute going all the way to the Federal Court of Justice could cost up to 80,000 euros if they lose.
It was actually very, very surprising.
What happens next
The ruling is scheduled for 5 November. Until then, the Wacker side has not said whether it will pursue the case further, and the court's decision will determine whether the packaging must be withdrawn and goods recalled.
