Chocolate™ Indigenous Origin
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.
Birthplace and Origin of Chocolate
A five year investigation revealed research studies performed by paleobotanists tracing the evolutionary age of Theobroma cacao at 10 million years to the Guiana Shield to the one cacao species that occurs there naturally today in biodiversity in several locations at an elevation of 100-1500 meters above sea level, it belongs to the Upper River Valleys of the Guiana Shield. It was also concluded that most of the plant species that exist in the Amazon, Andes and the Americas today have evolutionary origins to the Guiana Shield millions of years ago. We also discovered that this "Original Cacao" has the greatest and most complex genetic code of all the cacaos in the world.
Indigenous Cultural and Intellectual Property (ICIP)
It does not matter what we think is true, but the truth does matter according to Indigenous Rights Advocates. It is also true that no one has any preeminent rights that are greater than the Indigenous Peoples of the Americas who have been engaged in the cacao trade and chocolate industry as its creators prior to the arrival of Columbus to the mainland of the Americas in 1502, when he found cacao fruits in Honduras.
The Indigenous Peoples of the Americas were attributed and credited with the advent of chocolate made from cacao in 1522 by Charles V of Spain. The Emperor's actions and declarations were affirmative and conclusive before biocolonialism began. As a result of the Emperor's affirmative actions, CHOCOLATE and CACAO were permanently credited as Indigenous Cultural and Intellectual Property; however never recognized by governments, settler states and users after the era of biocolonialism began.
On Common Law Trademarks
A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with a state or federal government. Trademarks help protect consumers from being confused as to the source of a product or service, and, of course, for business owners, a trademark can protect your brand as well.
Before a company can begin to attempt to establish a common law trademark, they should make sure that no one else is already using the mark. Due diligence now could avoid the unfortunate situation of finding out you have infringed on someone else's common law trademark later. All the users of cacao and chocolate in the 1700s were fully aware of the origin and source of Theobroma cacao in nature, but none of them considered the ownership of the words which are clearly established as "Spanish words of Indigenous origin".
Even if the common law trademark owner doesn't choose to sue you for infringement, you still could face incredible costs to rename and rebrand your business. Besides, you don't want to confuse potential consumers, either. At this time in 2022, all chocolate companies through their very existence are taking away profits that should (and in law) be earned only by the Indigenous peoples of the Americas or their licensees.