German confectionery maker Storck has failed in its bid to register the shape and packaging of its Werther’s Original brand as an EU trademark.

The firm had sought trademark for protection for the shape of the Werther’s sweet and the image of a sweet wrapper with twisted ends, but failed to convince both the EU’s trademark office and the court of appeal that the shapes were unique to the brand.

The company’s final attempt to protect its brand was an appeal to the EU’s highest court, the European Court of Justice, but it backed the stance of the lower court that “the shape of the sweet in question is not substantially different from certain basic shapes commonly used, in trade, for such products”.