Chocolate Trademark (Chocolate™) 🍫
The common-law unregistered Chocolate Trademark is Indigenous Cultural and Intellectual Property (ICIP) based on Traditional Knowledge (TK) of the Huottuja People at the Origin of Cacao in the Upper Orinoco Basin. Beginning in 2025 we will begin to license the use of the CHOCOLATE TRADEMARK extralegally by those who would like use the term to promote the commerce of their chocolate products made with Theobroma cacao.
The Indigenous Common Law Trademark for Chocolate™
The common-law unregistered Chocolate Trademark is Indigenous Cultural and Intellectual Property (ICIP) based on the Traditional Knowledge (TK) of the Huottuja (Piaroa) People—the original cultivators and innovators, pioneers of the Theobroma cacao in the Upper Orinoco Basin.
Legal Standing Under US Code 15 §1125 and the Lanham Act
Recognition as Indigenous Cultural and Intellectual Property (ICIP)
Beginning in 2025, we will initiate an extralegal licensing program granting permission to entities that seek to use the Chocolate Trademark in commerce, ensuring that Indigenous Peoples retain control over the cultural and economic benefits of cacao and chocolate as well as other terms that are used to describe our creations.
Birthplace and Origin of Chocolate
A five-year investigation confirmed the findings of leading paleobotanists, who traced the evolutionary origin of Theobroma cacao to approximately 10 million years ago, situating its birthplace on the Guiana Shield.
At elevations of 100 to 1500 meters, the Upper River Valleys of the Guiana Shield remain the only region where this "Original Cacao" occurs in its natural biodiversity. Research further confirms that the Guiana Shield was the evolutionary cradle for many Amazonian and Andean plant species, reinforcing Indigenous sovereignty over cacao.
Additionally, our studies revealed that this "Original Cacao" possesses the most diverse and complex genetic code of all cacao varieties in existence, further proving its primacy in the history of chocolate.
Historical and Legal Foundations of Indigenous Ownership
1. Affirmation by the Spanish Crown and Holy Roman Empire (1522)
In 1522, Emperor Charles V of Spain explicitly credited the Indigenous Peoples of the Americas as the original creators of chocolate. This royal recognition preceded the onset of biocolonialism, marking the last time that cacao was legally acknowledged as Indigenous Cultural and Intellectual Property (ICIP).
2. The Common Law Basis of the Chocolate Trademark
A common law trademark protects a name, symbol, or product identifier that establishes a unique origin and source. In this case, the terms CHOCOLATE, CACAO, COCOA, THEOBROMA, and CHOCOLATA originate exclusively from Indigenous Peoples.
Under Title 15, Section 1125 of the U.S. Code (Lanham Act), common law trademark rights exist automatically once a mark is used in commerce, so long as it identifies a specific source. Unlike statutory trademarks, which require federal registration, a common law trademark is protected from unauthorized use by any entity that attempts to profit from the goodwill associated with it.
Key Legal Principle: A trademark functions as a "badge of origin." Since Indigenous Peoples were the first to cultivate, trade, and innovate chocolate, they remain the sole rightful owners of its associated intellectual property.
3. Legal Precedent for Repatriation of Cultural Property
Under UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples), ICIP (Indigenous Cultural and Intellectual Property), the Nagoya Protocol, and Access & Benefit Sharing (ABS) frameworks, Indigenous Peoples have the right to control, license, and receive economic benefits from their cultural and biological heritage.
Reclaiming the Chocolate Trademark as Indigenous Property
1. Recognizing Chocolate as Indigenous Intellectual Property
Despite the widespread commercial use of the term CHOCOLATE, it remains, by all historical and scientific measures, an Indigenous creation. Every chocolate company in existence today profits from an industry that was built on Indigenous knowledge and agricultural expertise—yet without any legal recognition or compensation to Indigenous communities.
2. The Impact of Unlicensed Chocolate Production
Unlicensed chocolate sales divert wealth from Indigenous Peoples.
Multinational corporations profit from cacao while Indigenous farmers remain economically marginalized.
Current regulatory frameworks (e.g., FDA, EU food standards) were imposed without Free, Prior, and Informed Consent (FPIC).
The global cacao industry operates without recognizing the intellectual contributions of Indigenous Peoples.
3. Establishing a Voluntary Licensing Program
From 2025 onward, we will provide a voluntary Chocolate Trademark License to chocolate manufacturers who wish to:
Acknowledge the true Indigenous origin of chocolate.
Pay fair and ethical compensation for the right to use the term "Chocolate" in commerce.
Support Indigenous-led cacao governance and sustainability efforts.
Through this licensing program, we will enforce our extralegal rights to protect and regulate the use of CHOCOLATE while ensuring that Indigenous communities receive compensation for their historical and ongoing contributions to the industry.
Alternative Trademark Strategies for Chocolate Makers
While descriptive terms such as CHOCOLATE, CACAO, COCOA, THEOBROMA, and CHOCOLATA remain under our common law trademark control, chocolate makers have multiple alternative avenues to establish their own unique trademarks:
Shape Trademarks: Chocolate makers can trademark the distinct shape or form of their chocolates (e.g., the Toblerone bar’s triangular prism design).
Color Trademarks: A specific and unique color associated with chocolate branding can be trademarked (e.g., Cadbury’s Ruby Chocolate, protected in the UK and other jurisdictions).
Packaging & Trade Dress: The overall design, appearance, and presentation of a chocolate product’s packaging can be trademarked to distinguish it from competitors.
Unique Combinations of Words: Chocolate makers may create brand names that incorporate but do not solely rely on descriptive terms (e.g., "Lindt Excellence").
Logo & Symbol Trademarks: Chocolate businesses can register logos or symbols that represent their brand, which are distinct from the descriptive term itself.
Scent and Flavor Trademarks: In certain jurisdictions, unique scents and flavors associated with a brand can be trademarked under non-traditional trademark law.
By using these methods, chocolate makers can develop strong, legally enforceable trademarks that do not infringe upon the Indigenous Chocolate Trademark while still establishing a distinctive presence in the market.
Conclusion: A New Legal Standard for Chocolate
Every cacao and chocolate company operating today owes its existence to Indigenous innovation and knowledge. By recognizing and enforcing the Chocolate Trademark under common law, we restore chocolate to its rightful status as Indigenous Intellectual Property, ensuring that it is governed not by corporate exploitation, but by the communities who created it.
📜 "Chocolate is not a commodity—it is Indigenous Cultural and Intellectual Property."
📢 Join the movement. Recognize Indigenous sovereignty over cacao.