Dairy giant FrieslandCampina holds exclusive Benelux trademark rights to the specific shade of yellow used on Chocomel packaging. The decision follows a recent ruling by the Benelux Office for Intellectual Property (BOIP) in The Hague. The Dutch dairy company filed a legal objection against a Spanish competitor trying to register a similar product design.
BOIP rejects Spanish brand’s yellow packaging application
Spanish company Grupo Cacaolat submitted a Benelux trademark application in 2025 for its chocolate milk brand Chocolat. The brand used the same yellow packaging color as Chocomel. FrieslandCampina challenged the application immediately. The company argued that the color and branding created consumer confusion while taking unfair advantage of Chocomel’s reputation. In response, Grupo Cacaolat argued that yellow packaging simply signals cacao-based ingredients to buyers.
BOIP legal expert Camille Janssen clarified that the office does not directly enforce product removal. Instead, FrieslandCampina must decide on the next legal steps itself.
FrieslandCampina requests packaging redesign from Spanish rival
A FrieslandCampina spokesperson stated that the ruling proves the iconic yellow color remains tied to Chocomel. The company will now ask Grupo Cacaolat to redesign its product packaging to respect trademark boundaries:
- Product availability: Chocolat is currently sold in the Netherlands through various Spanish specialty webshops.
- Appeals process: Grupo Cacaolat can appeal the BOIP ruling within two months of the decision.
@ anp | NEWS BRAINPORT
