When it comes to branding, some companies rely on big budgets to dominate the market. Others, like Tony’s Chocolonely, use bold marketing, strong storytelling, and strategic intellectual property (IP) protection to carve out a distinctive space. Their approach demonstrates how businesses can align purpose with brand power – while securing their competitive edge through trade mark protection.
The Power of Distinctive Branding
Tony’s Chocolonely isn’t just about great chocolate—it’s a mission-driven brand tackling inequality in the cocoa industry. From its inception, the company has taken a stand against unethical practices, including child labour and unfair wages. But beyond activism, it has created a compelling and recognisable brand, strengthened by IP protection.
One of its most striking features is its unevenly divided chocolate bar, a deliberate design choice that symbolises the inequality in cocoa farming. This distinctive shape isn’t just clever marketing – it’s a registered 3D trade mark, ensuring that no competitor can copy this iconic feature.
Cadbury’s Marketing vs. Tony’s Movement
Cadbury recently introduced a playful campaign featuring chocolate wrappers divided according to who completed different tasks: “Who Pays the Subscription”, “Who Booked the Flights”, “Who Brought the Snacks”. It’s a fun and engaging approach to packaging.
Tony’s took this concept further, weaving it into its ongoing mission to raise awareness about exploitation in the cocoa industry. This isn’t just marketing for them – it’s brand storytelling with a purpose, making their impact as important as their product.
How Tony’s Uses IP for Competitive Advantage
Tony’s Chocolonely exemplifies how intellectual property reinforces brand strategy. By protecting key elements of its brand, it has built a strong market presence:
✅ Distinctive design – The bar shape reinforces its message while being legally protected, preventing imitation.
✅ Strong trade mark strategy – Protecting unique brand assets ensures long-term recognition and differentiation.
✅ Purpose-led storytelling – The brand’s mission is embedded in every aspect of its identity, from packaging to marketing.
Results Speak for Themselves
Tony’s Chocolonely has seen incredible growth, proving that IP-backed branding is a powerful business strategy:
- It holds 20% market share in the Netherlands.
- It’s the fastest-growing chocolate brand in the UK.
- It’s stocked in Walmart in the US.
The company continuously uses symbolic branding, from leaving a window empty in its 2021 advent calendar (highlighting the industry’s ethical gaps) to its bright, attention-grabbing packaging that reinforces its bold messaging.
How Is Your Brand Using IP to Compete?
Tony’s Chocolonely shows that protecting what makes a brand unique is just as important as the message itself. While purpose-driven marketing builds awareness, securing trade marks, registered designs, and other IP assets ensures long-term success.
Whether you’re a challenger brand disrupting an industry or an established business looking to strengthen your position, IP should be at the heart of your brand strategy.
How National Business Register Can Help Protect Your Brand
At National Business Register, we recognise that your brand is one of your business’s most valuable assets. Our team of IP experts can guide you through the complexities of brand protection. Whether you’re a start-up or an established business, we’re here to help you secure the unique aspects of your brand, ensuring it remains protected against imitation and misuse. Contact us to learn how we can support you in building a brand that’s not only memorable but also legally safeguarded. You can email us at info@nbrg.co.uk or calling 0800 069 9090.
Don’t leave your IP to chance – let’s protect your business together.
Image Attribution: https://www.flickr.com/photos/tonychocolonely/29725337355 Flickr Commons
