“Dubai Chocolate,” the new social media craze – Is it patented?

It’s expensive and rich in calories, but everyone wants “Dubai chocolate” this season. Even at the traditional Christmas Market in Cologne, one of the largest and most famous in Germany, visitors line up for “handmade Dubai chocolate” at the traditional stall of the food trading company Kischmisch, which means “raisin” in Pashto.

The company’s founder, Nasratullah Kusaki, told Deutsche Welle that he trades in food and delicacies from Central Asia. The most sought-after product right now is “Dubai chocolate,” despite prices starting at €7.50 per 100 grams.

The clever merchant is not the only one capitalizing on this trend. At many Christmas markets, visitors can try “hot Dubai chocolate,” “crepes with Dubai chocolate,” and even “waffles with Dubai chocolate.” But the question remains: Can anyone prepare, serve, and sell this sought-after treat, even if they are not in Dubai?

An Arabian Invention

As its name suggests, “Dubai chocolate” was first created in Dubai, the largest city in the United Arab Emirates. The original idea belongs to chocolatier Sara Hamouda. She revealed on Instagram that she came up with the recipe during her second pregnancy to combat persistent hunger, a common phenomenon during pregnancy.

The main ingredients of “Dubai chocolate,” which became globally known through TikTok, include couverture chocolate, pistachio cream (also found in Iran and other Central Asian countries), and crispy kataifi pastry.

Is the Name Protected?

The general rule is that food products can have their origin names legally protected against competitors, provided certain criteria are met. A classic example is the sparkling wine from the Champagne region, which can only be marketed as “champagne” if it truly originates from that historical wine-growing region in northeastern France. While sparkling wine is produced worldwide, it cannot be labeled as “champagne.”

These protections are established under the “Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications,” which safeguards food and beverage origin names globally. However, as attorney Rüdiger Bals explained to Deutsche Welle, such legal protection is only available to signatories of this agreement, and the UAE is not among them.

There’s also the alternative of bilateral agreements. “Theoretically, the UAE could secure the name ‘Dubai chocolate’ domestically and then request recognition from the European Commission to protect it across EU member states,” Bals explained. However, he doubts such an effort would succeed. “One of the criteria for legal protection is whether the product possesses unique features or ingredients that distinguish it from others,” he noted. “The name ‘Dubai chocolate’ alone likely wouldn’t suffice.”

A “Patent” for Germany?

Linking a product’s name to its creator’s identity does not qualify as a unique characteristic. This is something German YouTuber Kiki Avaimer is attempting by registering “Kiki’s Dubai Chocolate” with the German Patent and Trademark Office. However, it’s speculated that this chocolate barely differs from other “Dubai chocolates.”

Another company that could theoretically seek legal protection in Germany or the EU is Fix Dessert Chocolatier. Deutsche Welle reached out to the company but had not received a response by the time this article was published.

Regardless of the legalities, one thing is certain: this year, the so-called “Dubai chocolate” is set to be one of the most popular holiday gifts.

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