Chocomel maker wins trademark rights to its distinctive yellow color

Cartons of Chocomel sitting on the shelf of a supermarket in Amsterdam. 7 Oct. 2026 - Credit: - License: All Rights Reserved Business Wednesday, 7 October 2026 - 21:10

FrieslandCampina has exclusive trademark rights to the distinct yellow coloring used for Chocomel packaging in the Benelux. This follows from a recent ruling by the Benelux Office for Intellectual Property (BOIP) in The Hague in a case brought by the dairy company against a Spanish competitor.

Spanish company Grupo Cacaolat filed a trademark application in the Benelux in 2025 for its Chocolat brand, using the same shade of yellow as Chocomel packaging. FrieslandCampina objected, arguing that the logo, color, and brand name were confusingly similar to those of Chocomel.

FrieslandCampina feels Grupo Cacaolat would gain an unfair advantage from Chocomel’s established reputation and recognizability. Grupo Cacaolat disagreed, arguing, among other things, that chocolate milk producers use the color yellow to indicate that their products are made from cocoa.

BOIP lawyer Camille Janssen said the agency does not decide what should happen to the Chocolat products as a result of the ruling. That decision is up to FrieslandCampina, he explained.

According to a FrieslandCampina spokesperson, the ruling confirms that “Chocomel’s distinctive yellow color is inextricably linked to the product. We attach great importance to protecting our brands and the distinctive elements associated with them.”

The company will ask its Spanish competitor to change the packaging and expects “that this will be complied with.” Grupo Cacaolat has also been asked for a response.

Chocolat is available in the Netherlands through several online stores that sell Spanish products. Grupo Cacaolat can still appeal the ruling, Janssen said. The company has two months from the date of the decision to do so.

Reporting by ANP