Guest Post - From Belgian Speculoos biscuits to one of the world’s most popular brands

The IPKat is grateful to Natalia Basałaj (Hansberry Tomkiel, Poland) for the following Guest Post. 

"The story of Lotus Bakeries demonstrates that global product success is often driven not only by taste, but above all by a well-designed strategy.

The decision to move away from the generic name “Speculoos” – referring to traditional Belgian biscuits with a distinctive caramel-cinnamon flavour – in favour of the fanciful designation “Biscoff” proved to be far more than a simple marketing exercise. It was a legal and business move that strengthened trademark protection, unified international market communication, and significantly reduced the risk of the name becoming generic – meaning a term that competitors could freely use.

History and origins of the brand

Lotus Bakeries (hereinafter also referred to as the “Company” or “Lotus”) is today a global snack producer, primarily associated with the “Biscoff” biscuit brand. The Company’s origins date back to 1932, when it began operating as a local Flemish bakery in Lembeke, in the province of Kaprijke, Belgium.

Lotus’ most recognisable product is the traditional cinnamon Speculoos biscuit – a product deeply rooted in Belgian confectionery culture. Under the same name, Lotus also began producing a spread with the flavour of these biscuits.

However, as the biscuits gained popularity abroad, a challenge emerged: the local, generic name did not provide realistic opportunities for effective and uniform legal protection on an international scale.

In response, in 2020 Lotus made the strategic decision to globally standardise the name of its Speculoos biscuits as “Biscoff” (a combination of the English words “biscuit” and “coffee”). In 2024, the Company also developed a unique typeface for the brand and introduced a unified visual identity for its packaging in shades of red with white accents.

Trademark protection within and outside the EU

Following the adoption of the name “Biscoff”, Lotus sought comprehensive protection for its brand designations.

Before the European Union Intellectual Property Office (EUIPO), the Company has registered nine EU trademarks relating to the “Biscoff” brand to date, including the word mark “BISCOFF” (EUTM 018289099), which protects the name itself – regardless of the graphic form in which a competitor might use it. This means that broad protection is granted to the name as such, not merely to its specific stylised version.

Lotus also protects the distinctive appearance of its products and packaging. Among the registered marks are:

• three-dimensional representations of the biscuit spread jar, with and without the logo (EUTM 019079950 and 019079951),
• figurative and 3D marks depicting elongated biscuits (EUTM 019213410, 019213470, 011774155),
• the motif of a biscuit placed above a cream sandwich (EUTM 010119378),
• a cup with a biscuit positioned by the handle (EUTM 010086114).

Competitors should therefore refrain not only from using the name itself, but also from imitating the labels, packaging, marketing materials or advertising messages protected in favour of Lotus. [Merpel: see IPKat here and here on the Thatcher’s judgment in the UK on lookalike products]

In January 2026, Lotus Bakeries filed two additional trademark applications with EUIPO – a figurative mark and a three-dimensional (3D) mark covering a small, round version of the “Biscoff” biscuit (EUTM 019299928 and 019299758). This demonstrates that, alongside expanding its product portfolio, the Company consistently develops its trademark portfolio, ensuring brand security in parallel with marketing growth.

As a result, not only the brand name but also its visual identity is secured. This makes it more difficult for competitors to imitate the appearance of products and packaging or to build associations with the reputation of “Biscoff” goods.

The Company has also registered numerous trademarks outside the EU, including:

• the word mark “Biscoff” with WIPO (IR515981) – designating, among others, China, Cuba, North Korea, Russia and Ukraine,
• the word mark “Biscoff” in the United Kingdom (UK00801442811) and in the United States (US4014431), reflecting a global protection strategy.

The Biscoff brand protection strategy – guidelines for entrepreneurs

For Lotus Bakeries, the series of registered “Biscoff” trademarks constitutes a key asset. Entrepreneurs and business partners wishing to use these designations should therefore comply with specific rules. The relevant B2B guidelines are made available by the Company and addressed to businesses operating in the food sector.

Guidelines for food industry businesses

For example, businesses should:

• use exclusively the name “Biscoff” accompanied by the “®” symbol,
• refrain from modifying the logo or visual elements,
• use the name in product descriptions only in forms such as “made with Biscoff®” or “decorated with Biscoff®”,
• present it consistently in menus, communications and photographs showing the biscuits in a realistic serving context.

Additional guidelines for dessert manufacturers

The Company requires dessert manufacturers to use only original ingredients and to conduct production in a safe and hygienic environment in compliance with applicable standards.

Such regulations serve not only the legal protection of the trademark, but also the preservation of brand consistency and the avoidance of any weakening of its distinctiveness in the marketplace. [Merpel: see IPKat report on the Dryrobe judgment on avoiding genericism here]

Use of the ® symbol

The “®” symbol next to the name “Biscoff” indicates that the sign is a registered trademark. Although its use is not mandatory, it performs:

• an informative and preventive function – deterring potential infringers,
• an evidentiary function – facilitating proof that the Company has taken steps to protect and control use of the mark.

The risk of a trademark becoming generic

The consistent use of the mark and the issuance of guidelines concerning the “®” symbol form part of a broader brand management strategy employed by owners of strong brands such as Oreo, LEGO and Paczkomat.

This approach is particularly important for highly recognisable brands that face a significant risk of so-called trademark degeneration – the loss of distinctiveness due to widespread use of the designation as a common product name. In such circumstances, the mark no longer indicates a specific undertaking, but instead denotes the product category itself.

It should be noted that if a brand designation begins to function in trade as a common product name – as is currently the case with terms such as “Dubai chocolate” or “Speculoos” – it loses its distinctive function. Competitors may then use it to describe their own goods, and the trademark itself may be invalidated. For an entrepreneur, this entails a real risk of losing exclusivity over a brand built over many years.

No monopoly over red-and-white packaging

Lotus attempted to extend brand protection by registering the characteristic combination of red with a white border as a colour mark.

In its judgment of 26 March 2025 (T-1096/23), the Court of Justice of the European Union upheld the refusal to register that sign, citing a lack of sufficient distinctiveness. The Court found that the red-and-white combination is commonly used in the food sector, particularly in relation to biscuits and chocolate products, and that its function is primarily decorative. Consequently, it is not permissible to grant a monopoly over such a general and widely used colour combination to a single undertaking.

Nevertheless, it cannot be ruled out that the Company may attempt in the future to obtain protection for a more precisely defined colour scheme, relying on acquired distinctiveness by demonstrating that consumers associate the colour combination exclusively with the Biscoff brand as a result of intensive and long-term use.

Viral marketing: from a biscuit to a lifestyle icon

Today, the “Biscoff” brand enjoys enormous popularity on social media platforms, particularly TikTok and Instagram.

Popular user-generated recipes have contributed to dynamic sales growth and the creation of a strong emotional bond with consumers. A product that was originally served as a coffee accompaniment on airlines has transformed into a recognisable lifestyle element for younger generations.

One example is the viral “Biscoff cheesecake”.

The simple influencer message:

“Just yoghurt, a few biscuits and a fridge”

turned into a global phenomenon. The minimalism of the recipe, its visual appeal and ease of preparation led to mass replication, while the brand was organically promoted by users. Interestingly, Lotus did not sponsor these marketing activities, which were initiated bottom-up by the social media community.

Conclusion

The story of Biscoff shows that global success in the FMCG sector requires a conscious choice of name, consistent use of designations in trade, and a well-considered legal protection strategy. Trademark registrations, clear guidelines for business partners, and consistent use of the name and visual identity in a defined form and colour scheme enable an undertaking to build a strong market position and protect the brand from losing its distinctive character."