The chocolate brand Merci recently lost its US trademark opposition against the mark Danke for chocolate products. August Storck, Merci’s owner, argued the names were confusingly similar as “Danke” translates to “thank you” just like the French “merci.”
US Trademark Decision
The US Patent and Trademark Office rejected Storck’s opposition in November 2025, despite both marks covering chocolate. USPTO Officials found Merci and Danke sufficiently distinct visually and phonetically for American consumers, even though both convey gratitude. Despite identical product categories and meanings, regulators determined American shoppers would easily distinguish the marks due to their different appearances and pronunciations. Evidence from Google Images showed “Thank You” commonly paired with chocolates, weakening Merci’s mark.
Key Reasoning Factors
Storck markets Merci explicitly as a “thank you” chocolate, aligning with common usage. This evidence convinced officials that US consumers expect “thank you” language on chocolates without linking it to one source. The office noted 27 chocolate products using “Thank You,” suggesting consumers view such phrases as descriptive rather than source-identifying. Phonetic and visual differences outweighed conceptual similarity
European Perspective of Potential Case
European law might yield a different result, as conceptual similarity alone can block marks, especially for reputable brands like Merci. Storck has history of successfully oppossing EU registrations for “Thank You Chocolats,” “Thank You Icecreams,” “Thank You Coffee,” and “Thank You Biscuits,” leveraging Merci’s broad protection.