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A generic trademark , also known as a genericized trademark or proprietary eponym , is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or services , usually against the intentions of the trademark's owner.

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83-482: Edy's Pie (formerly known as Eskimo Pie ) is an American brand of chocolate -covered vanilla ice cream bar wrapped in foil. It was the first such dessert sold in the United States. It is marketed by Dreyer's , a division of Froneri . In wake of the 2020-2021 George Floyd protests , the name was changed to Edy's Pie, in recognition of Dreyer's co-founder, candy maker Joseph Edy. The former name used

166-556: A mood enhancer , such as by increasing sex drive or stimulating cognition , but there is little scientific evidence that such effects are consistent among all chocolate consumers. If mood improvement from eating chocolate occurs, there is not enough research to indicate whether it results from the favorable flavor or from the stimulant effects of its constituents, such as caffeine, theobromine, or their parent molecule, methylxanthine . A 2019 review reported that chocolate consumption does not improve depressive mood . Reviews support

249-461: A veterinarian involves inducing vomiting within two hours of ingestion and administration of benzodiazepines or barbiturates for seizures, antiarrhythmics for heart arrhythmias , and fluid diuresis . A typical 20-kilogram (44 lb) dog will normally experience great intestinal distress after eating less than 240 grams (8.5 oz) of dark chocolate, but will not necessarily experience bradycardia or tachycardia unless it eats at least

332-464: A 20-kilogram (44 lb) dog. In the 20th century, there were reports that mulch made from cocoa bean shells is dangerous to dogs and livestock. Commonly consumed chocolate is high in fat and sugar , which are associated with an increased risk for obesity when chocolate is consumed in excess. Overall evidence is insufficient to determine the relationship between chocolate consumption and acne . Various studies point not to chocolate, but to

415-526: A chocolate confection maker, is recorded from 1859. Evidence for the domestication of the cacao tree exists as early as 5300 BP in South America , before it was introduced to Mesoamerica . It is unknown when chocolate was first consumed as opposed to other cacao-based drinks, and there is evidence the Olmecs , the earliest known major Mesoamerican civilization, fermented the sweet pulp surrounding

498-400: A crystallize a small amount of fat in a particularly stable formation. Around this small amount of crystals, the rest of the fats crystallize, creating a glossy chocolate, with a crisp break. Chocolate is molded in different shapes for different uses: Chocolate is very sensitive to temperature and humidity. Ideal storage temperatures are between 15 and 17 °C (59 and 63 °F), with

581-666: A dose as low as 12.5 mg was shown to have effects on cognitive performance. Chocolate may be a factor for heartburn in some people because one of its constituents, theobromine, may affect the esophageal sphincter muscle in a way that permits stomach acids to enter the esophagus . Theobromine poisoning is an overdosage reaction to the bitter alkaloid, which happens more frequently in domestic animals than humans. However, daily intake of 50–100 g cocoa (0.8–1.5 g theobromine) by humans has been associated with sweating, trembling, and severe headache. Chocolate and cocoa contain moderate to high amounts of oxalate , which may increase

664-547: A generic name as soon as a novel pharmaceutical enters the market. For example, aripiprazole , the nonproprietary name for Abilify, was well-documented since its invention. Warfarin , originally introduced as a rat poison , was approved for human use under the brand name Coumadin. Examples of genericization before the modern system of generic drugs include aspirin , introduced to the market in 1897, and heroin , introduced in 1898. Both were originally trademarks of Bayer AG . However, U.S. court rulings in 1918 and 1921 found

747-473: A generic term for the product to be used in descriptive contexts, to avoid inappropriate use of the "house" mark. Such a term is called a generic descriptor and is frequently used immediately after the trademark to provide a description of the product or service. For example, " Kleenex tissues" ("facial tissues" being the generic descriptor) or " Velcro -brand fasteners" for Velcro brand name hook-and-loop fasteners. Another common practice among trademark owners

830-422: A geographical indication for specialty food or drink may be generic, it is not a trademark because it does not serve to identify exclusively a specific commercial enterprise and therefore cannot constitute a genericized trademark. The extension of protection for geographical indications is somewhat controversial. A geographical indication may have been registered as a trademark elsewhere; for example, if "Parma Ham"

913-514: A half a kilogram (1.1 lb) of milk chocolate. Dark chocolate has 2 to 5 times more theobromine and thus is more dangerous to dogs. According to the Merck Veterinary Manual , approximately 1.3 grams of baker's chocolate per kilogram of a dog's body weight (0.02 oz/lb) is sufficient to cause symptoms of toxicity. For example, a typical 25-gram (0.88 oz) baker's chocolate bar would be enough to bring about symptoms in

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996-419: A lack of alternative names in common use: as a result, consumers may not realize that the term is a brand name rather than a medical eponym or generic term. Pharmaceutical trade names are somewhat protected from genericization due to the modern practice of assigning nonproprietary names based on a drug's chemical structure. This circumvents the problem of a trademarked name entering common use by providing

1079-427: A relative humidity of less than 50%. If refrigerated or frozen without containment, chocolate can absorb enough moisture to cause a whitish discoloration, the result of fat or sugar crystals rising to the surface. Various types of "blooming" effects can occur if chocolate is stored or served improperly. Chocolate bloom is caused by storage temperature fluctuating or exceeding 24 °C (75 °F), while sugar bloom

1162-483: A result of common use in the marketplace is known as genericization . This process typically occurs over a period of time in which a mark is not used as a trademark (i.e., where it is not used to exclusively identify the products or services of a particular business), where a mark falls into disuse entirely, or where the trademark owner does not enforce its rights through actions for passing off or trademark infringement . One risk factor that may lead to genericization

1245-450: A short-term effect of lowering blood pressure by consuming cocoa products, but there is no evidence of long-term cardiovascular health benefit. Chocolate and cocoa are under preliminary research to determine if consumption affects the risk of certain cardiovascular diseases or enhances cognitive abilities . While daily consumption of cocoa flavanols (minimum dose of 200 mg) appears to benefit platelet and vascular function, there

1328-463: A source of food for at least 5,300 years, starting with the Mayo-Chinchipe culture in what is present-day Ecuador . Later, Mesoamerican civilizations consumed cacao beverages, of which one, chocolate, was introduced to Europe in the 16th century. The seeds of the cacao tree ( Theobroma cacao ) have an intense bitter taste and must be fermented to develop the flavor. After fermentation ,

1411-402: A trademark owner may need to take aggressive measures to retain exclusive rights to the trademark. Xerox Corporation attempted to prevent the genericization of its core trademark through an extensive public relations campaign advising consumers to " photocopy " instead of "xerox" documents. The Lego Company has worked to prevent the genericization of its plastic building blocks following

1494-456: A warning label on chocolate products having more than 4.1 mg of cadmium per daily serving of a single product. One tablespoonful (5 grams) of dry unsweetened cocoa powder has 12.1 mg of caffeine and a 25-g single serving of dark chocolate has 22.4 mg of caffeine. Although a single 7 oz. (200 ml) serving of coffee may contain 80–175 mg, studies have shown psychoactive effects in caffeine doses as low as 9 mg, and

1577-518: A young age, but reportedly out of boredom rejoined what was then called Reynolds Metals Company (now part of Alcoa ) in 1935, inventing new methods of manufacturing and shipping Eskimo Pies and serving as an executive until his ultimate retirement in 1961. In 1992, Nelson died at the age of 99. In that same year, Eskimo Pie Corporation was spun off from Reynolds in an initial public offering , as an alternative to an acquisition that Nestlé had proposed in 1991. The original round-faced child icon for

1660-511: Is cacahuatl meaning "cacao water", which chocolate does not immediately derive from. Despite theories that chocolate is derived from xocoatl meaning "bitter drink" or chocolatl meaning "hot water" and uncertainty around the Nahuatl origin, there is a consensus that it likely derives from chicolatl . Whether chicolatl means "cacao beater", however, is contested, due to difficulty knowing what chico means. The term " chocolatier ", for

1743-585: Is a variant of cacao, likely arising from a confusion with the word coco . Through cacao, it is ultimately derived from kakaw(a) , but whether that word originates in Nahuatl or a Mixe-Zoquean language is the subject of substantial linguistic debate. Chocolate is a Spanish loanword, first recorded in English in 1604, and first recorded in Spanish in 1579. The word for chocolate drink in early Nahuatl texts

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1826-492: Is also used in cold and hot beverages, such as chocolate milk and hot chocolate , and in some alcoholic drinks, such as crème de cacao . Although cocoa originated in the Americas, West African countries , particularly Ivory Coast and Ghana , are the leading producers of cocoa in the 21st century, accounting for some 60% of the world cocoa supply. A 2020 report estimated that more than 1.5 million children are involved in

1909-605: Is an excellent source (over 19% of the Daily Value , DV) of riboflavin , vitamin B12 and the dietary minerals , manganese , phosphorus and zinc . Chocolate is a good source (10–19% DV) of calcium , magnesium and iron . Chocolate contains polyphenols , especially flavan-3-ols (catechins) and smaller amounts of other flavonoids . It also contains alkaloids , such as theobromine , phenethylamine , and caffeine , which are under study for their potential effects in

1992-404: Is called conching. A conche is a container filled with metal beads, which act as grinders. The refined and blended chocolate mass is kept in a liquid state by frictional heat. Chocolate before conching has an uneven and gritty texture. The conching process produces cocoa and sugar particles smaller than the tongue can detect (typically around 20 μm ) and reduces rough edges, hence the smooth feel in

2075-448: Is caused by temperature below 15 °C (59 °F) or excess humidity. To distinguish between different types of bloom, one can rub the surface of the chocolate lightly, and if the bloom disappears, it is fat bloom. Moving chocolate between temperature extremes, can result in an oily texture. Although visually unappealing, chocolate suffering from bloom is safe for consumption and taste is unaffected. Bloom can be reversed by retempering

2158-459: Is grown (20 degrees north and south of the equator ), the commercial company Mars, Incorporated and the University of California, Berkeley , are conducting genomic research in 2017–18 to improve the survivability of cacao plants in hot climates. The three main varieties of cocoa beans used in chocolate are criollo , forastero, and trinitario. Cocoa pods are harvested by cutting them from

2241-469: Is made by incorporating nut paste (typically hazelnut) to the chocolate paste. Other types of chocolate are used in baking and confectionery. These include baking chocolate (often unsweetened), couverture chocolate (used for coating), compound chocolate (a lower-cost alternative) and modeling chocolate . Modeling chocolate is a chocolate paste made by melting chocolate and combining it with corn syrup , glucose syrup , or golden syrup . Chocolate

2324-503: Is made from cocoa beans, the dried and fermented seeds of the cacao tree ( Theobroma cacao ), a small, 4–8 m tall (15–26 ft tall) evergreen tree native to the deep tropical region of the Americas. Recent genetic studies suggest the most common genotype of the plant originated in the Amazon basin and was gradually transported by humans throughout South and Central America. Early forms of another genotype have also been found in what

2407-404: Is no good evidence to indicate an effect on heart attacks or strokes . Research has also shown that consuming dark chocolate does not substantially affect blood pressure . Some manufacturers provide the percentage of chocolate in a finished chocolate confection as a label quoting percentage of "cocoa" or "cacao". This refers to the combined percentage of both cocoa solids and cocoa butter in

2490-641: Is no longer possible to legally enforce rights in relation to the mark, the mark may have become generic. In many legal systems (e.g., in the United States but not in Germany ) a generic mark forms part of the public domain and can be commercially exploited by anyone. Nevertheless, there exists the possibility of a trademark becoming a revocable generic term in German (and European) trademark law. The process by which trademark rights are diminished or lost as

2573-407: Is now Venezuela . The scientific name, Theobroma , means "food of the gods ". The fruit, called a cocoa pod, is ovoid, 15–30 cm (6–12 in) long and 8–10 cm (3–4 in) wide, ripening yellow to orange, and weighing about 500 g (1.1 lb) when ripe. Cacao trees are small, understory trees that need rich, well-drained soils. They naturally grow within 20° of either side of

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2656-604: Is prone to genericization, or "genericide", when a brand name acquires substantial market dominance or mind share , becoming so widely used for similar products or services that it is no longer associated with the trademark owner, e.g., linoleum , bubble wrap , thermos , taser . A trademark thus popularized is at risk of being challenged or revoked, unless the trademark owner works sufficiently to correct and prevent such broad use. Trademark owners can inadvertently contribute to genericization by failing to provide an alternative generic name for their product or service or using

2739-418: Is the use of a trademark as a verb , plural or possessive , unless the mark itself is possessive or plural (e.g., "Friendly's" restaurants). However, in highly inflected languages, a tradename may have to carry case endings in usage. An example is Finnish , where " Microsoftin " is the genitive case and " Facebookista " is the elative case . Generic use of a trademark presents an inherent risk to

2822-405: Is to follow their trademark with the word brand to help define the word as a trademark. Johnson & Johnson changed the lyrics of their Band-Aid television commercial jingle from, "I am stuck on Band-Aids, 'cause Band-Aid's stuck on me" to "I am stuck on Band-Aid brand , 'cause Band-Aid's stuck on me." Google has gone to lengths to prevent this process, discouraging publications from using

2905-469: Is usually made with a slightly higher proportion of cocoa butter. It is simply defined by its cocoa percentage. In milk chocolate, the non-fat cocoa solids are partly or mostly replaced by milk solids . In white chocolate, they are all replaced by milk solids, hence its ivory color. Other forms of eating chocolate exist, these include raw chocolate (made with unroasted beans) and ruby chocolate . An additional popular form of eating chocolate, gianduja ,

2988-557: Is why companies try hard not to let their trademark become too common, a phenomenon that could otherwise be considered a successful move since it would mean that the company gained an exceptional recognition. An example of trademark erosion is the verb "to hoover" (used with the meaning of "vacuum cleaning"), which originated from the Hoover company brand name. Nintendo is an example of a brand that successfully fought trademark erosion, having managed to replace excessive use of its name with

3071-559: The 1990s, the Parma consortium successfully sued the Asda supermarket chain to prevent it using the description "Parma ham" on prosciutto produced in Parma but sliced outside the Parma region. The European Court ruled that pre-packaged ham must be produced, sliced, and packaged in Parma in order to be labeled for sale as "Parma ham". A trademark is said to fall somewhere along a scale from being " distinctive " to "generic" (used primarily as

3154-605: The 19th century, including the melanger (a mixing machine), modern milk chocolate , the conching process to make chocolate smoother and change the flavor meant a worker in 1890 could produce fifty times more chocolate with the same labor than they could before the Industrial Revolution , and chocolate became a food to be eaten rather than drunk. As production moved from the Americas to Asia and Africa, mass markets in Western nations for chocolate opened up. In

3237-525: The 20th century, chocolate production further developed, with development of the tempering technique to improve the snap and gloss of chocolate and the addition of lecithin to improve texture and consistency. White and couverture chocolate were developed in the 20th century and the bean-to-bar trade model began. Several types of chocolate can be distinguished. Pure, unsweetened chocolate, often called "baking chocolate", contains primarily cocoa solids and cocoa butter in varying proportions. Much of

3320-468: The Internet". The Swedish Language Council received a complaint from Google for its inclusion of ogooglebar (meaning 'ungoogleable') on its list of new Swedish words from 2012. The Language Council chose to remove the word to avoid a legal process, but in return wrote that "[w]e decide together which words should be and how they are defined, used and spelled". Where a trademark is used generically,

3403-588: The United States continue to use "Legos" as the plural form of "Lego," but competing and interchangeable products, such as those manufactured by Mega Brands , are often referred to simply as building blocks or construction blocks. The company has successfully put legal pressure on the Swedish Academy and the Institute for Language and Folklore to remove the noun lego from their dictionaries. Adobe Inc. has experienced mixed success with preventing

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3486-575: The bar, not just the percentage of cocoa solids. The Belgian AMBAO certification mark indicates that no non-cocoa vegetable fats have been used in making the chocolate. A long-standing dispute between Britain on the one hand and Belgium and France over British use of vegetable fats in chocolate ended in 2000 with the adoption of new standards which permitted the use of up to five percent vegetable fats in clearly labelled products. This British style of chocolate has sometimes been pejoratively referred to as "vegelate". Generic trademark A trademark

3569-477: The beans are dried without fermentation. The nibs are then removed and hydrated in an acidic solution. They are heated for 72 hours and dried again. Gas chromatography / mass spectrometry showed that the incubated chocolate had higher levels of Strecker aldehydes , and lower levels of pyrazines . The dried beans are then transported to a chocolate manufacturing facility. The beans are cleaned (removing twigs, stones, and other debris), roasted , and graded. Next,

3652-450: The body. It is unlikely that chocolate consumption in small amounts causes lead poisoning . Some studies have shown that lead may bind to cocoa shells, and contamination may occur during the manufacturing process. One study showed the mean lead level in milk chocolate candy bars was 0.027 μg lead per gram of candy; another study found that some chocolate purchased at U.S. supermarkets contained up to 0.965 μg per gram, close to

3735-515: The brand was created by the illustrator Gyo Fujikawa . CoolBrands International , a Markham, Ontario -based company, acquired Eskimo Pie Corporation in 2000. Originally a yogurt maker, CoolBrands at one point owned or held exclusive long-term licenses for brands including Eskimo Pie, Chipwich , Weight Watchers , Godiva , Tropicana , Betty Crocker , Trix , Yoo-hoo and Welch's . The company encountered financial difficulties after losing its Weight Watchers/Smart Ones license in 2004. By 2007, it

3818-629: The cacao beans into an alcoholic beverage . Chocolate was extremely important to several Mesoamerican societies, and cacao was considered a gift from the gods by the Mayans and the Aztecs . The cocoa bean was used as a currency across civilizations and was used in ceremonies, as a tribute to leaders and gods and as a medicine. Chocolate in Mesoamerica was a bitter drink, flavored with additives such as vanilla , earflower and chili , and

3901-435: The chocolate can show the quality and whether it was stored well. One hundred grams of milk chocolate supplies 540 calories . It is 59% carbohydrates (52% as sugar and 3% as dietary fiber ), 30% fat and 8% protein (table). Approximately 65% of the fat in milk chocolate is saturated , mainly palmitic acid and stearic acid , while the predominant unsaturated fat is oleic acid (table). 100-grams of milk chocolate

3984-915: The chocolate consumed today is in the form of sweet chocolate, a combination of cocoa solids, cocoa butter, and added vegetable oils and sugar. Milk chocolate is sweet chocolate that additionally contains milk powder . White chocolate contains cocoa butter, sugar, and milk, but no cocoa solids. Chocolate is one of the most popular food types and flavors in the world, and many foodstuffs involving chocolate exist, particularly desserts , including cakes , pudding , mousse , brownies , and chocolate chip cookies . Many candies are filled with or coated with sweetened chocolate. Chocolate bars , either made of solid chocolate or other ingredients coated in chocolate, are eaten as snacks. Gifts of chocolate molded into different shapes (such as eggs, hearts, and coins) are traditional on certain Western holidays, including Christmas , Easter , Valentine's Day , and Hanukkah . Chocolate

4067-436: The chocolate consumed today is in the form of sweet chocolate, which combines chocolate with sugar . The traditional types of chocolate are dark , milk and white . All of them contain cocoa butter , which is the ingredient defining the physical properties of chocolate (consistency and melting temperature). Plain (or dark) chocolate, as it name suggests, is a form of chocolate that is similar to pure cocoa liquor , although

4150-437: The chocolate or using it for any use that requires melting the chocolate. Chocolate is generally stored away from other foods, as it can absorb different aromas. Ideally, chocolates are packed or wrapped, and placed in proper storage with the correct humidity and temperature. Additionally, chocolate is frequently stored in a dark place or protected from light by wrapping paper. The glossy shine, snap, aroma, texture, and taste of

4233-487: The chocolate taste. After fermentation, the beans must be dried to prevent mold growth. Climate and weather permitting, this is done by spreading the beans out in the sun from five to seven days. In some growing regions (for example, Tobago ), the dried beans are then polished for sale by "dancing the cocoa": spreading the beans onto a floor, adding oil or water, and shuffling the beans against each other using bare feet. In an alternative process known as moist incubation,

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4316-443: The daily lead oral limit. "Moreover chocolate may not be the only source of lead in their nutrition" and "chocolate might be a significant source of cadmium and lead ingestion, particularly for children." According to a 2005 study, the average lead concentration of cocoa beans is ≤ 0.5 ng/g, which is one of the lowest reported values for a natural food. However, during cultivation and production, chocolate may absorb lead from

4399-539: The early 20th century, British chocolate producers including Cadbury and Fry's faced controversy over the labor conditions in the Portuguese cacao industry in Africa. A 1908 report by a Cadbury agent described conditions as "de facto slavery." While conditions somewhat improved with a boycott by chocolate makers, slave labor among African cacao growers again gained public attention in the early 21st century. During

4482-445: The effective enforcement of trademark rights and may ultimately lead to genericization. Trademark owners may take various steps to reduce the risk, including educating businesses and consumers on appropriate trademark use, avoiding use of their marks in a generic manner, and systematically and effectively enforcing their trademark rights. If a trademark is associated with a new invention , the trademark owner may also consider developing

4565-492: The environment (such as in atmospheric emissions of now unused leaded gasoline). The European Food Safety Authority recommended a tolerable weekly intake for cadmium of 2.5 micrograms per kg of body weight for Europeans, indicating that consuming chocolate products caused exposure of about 4% among all foods eaten. Maximum levels for baby foods and chocolate/cocoa products were established under Commission Regulation (EU) No 488/2014. 1986 California Proposition 65 requires

4648-485: The environment, ferment the pectin -containing material. Yeasts produce ethanol , lactic acid bacteria produce lactic acid , and acetic acid bacteria produce acetic acid . In some cocoa-producing regions an association between filamentous fungi and bacteria (called "cocobiota") acts to produce metabolites beneficial to human health when consumed. The fermentation process, which takes up to seven days, also produces several flavor precursors, that eventually provide

4731-418: The equator because they need about 2000 mm of rainfall a year, and temperatures in the range of 21 to 32 °C (70 to 90 °F). Cacao trees cannot tolerate a temperature lower than 15 °C (59 °F). The sequencing in 2010 of the genome of the cacao tree may allow yields to be improved. Due to concerns about global warming effects on lowland climate in the narrow band of latitudes where cocoa

4814-551: The expiration of Lego's last major patents in 1978. Lego manuals and catalogs throughout the 1980s included a message imploring customers to preserve the brand name by "referring to [their] bricks as 'LEGO Bricks or Toys', and not just 'LEGOS'." In the early 2000s, the company acquired the Legos.com URL in order to redirect customers to the Lego.com website and deliver a similar message. Despite these efforts, many children and adults in

4897-465: The farming of cocoa in Côte d'Ivoire and Ghana. Child slavery and trafficking associated with the cocoa trade remain major concerns. A 2018 report argued that international attempts to improve conditions for children were doomed to failure because of persistent poverty, the absence of schools, increasing world cocoa demand, more intensive farming of cocoa, and continued exploitation of child labor. Cocoa

4980-546: The genericization of their trademarked software, Adobe Photoshop . This is shown via recurring use of "photoshop" as a noun, verb, or general adjective for all photo manipulation throughout the Internet and mass media. Since 2003, the European Union has actively sought to restrict the use of geographical indications by third parties outside the EU by enforcing laws regarding " protected designation of origin ". Although

5063-407: The high glycemic nature of certain foods, like sugar, corn syrup, and other simple carbohydrates, as potential causes of acne, along with other possible dietary factors. Food, including chocolate, is not typically viewed as addictive . Some people, however, may want or crave chocolate, leading to a self-described term, chocoholic . By some popular myths , chocolate is considered to be

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5146-430: The international (voluntary) standard limit for lead in cocoa powder or beans, which is 1 μg of lead per gram. In 2006, the U.S. FDA lowered by one-fifth the amount of lead permissible in candy, but compliance is only voluntary. Studies concluded that "children, who are big consumers of chocolates, may be at risk of exceeding the daily limit of lead; whereas one 10 g cube of dark chocolate may contain as much as 20% of

5229-426: The mouth. The length of the conching process determines the final smoothness and quality of the chocolate. High-quality chocolate is conched for about 72 hours, and lesser grades about four to six hours. After the process is complete, the chocolate mass is stored in tanks heated to about 45 to 50 °C (113 to 122 °F) until final processing. After conching, chocolate is tempered. This process aims to create

5312-603: The name I-Scream Bars . In 1921, he filed for a patent, and secured an agreement with local chocolate producer Russell C. Stover to mass-produce them under the new trademarked name "Eskimo Pie" (a name suggested by his wife, Clara Stover ), and to create the Eskimo Pie Corporation. After U.S. patent 1,404,539 was issued on January 24, 1922, Nelson franchised the product, allowing ice cream manufacturers to produce them under that name. The patent, which applied to any type of frozen confection encased in candy,

5395-546: The name says, did not yet have a stick. The rights for Esquimaux brand were registered in France in 1928. The "Esquimaux Ch. Gervais" were marketed the same year by Gervais, a French cheese producer. In 1931, Gervais bought the Société Esquimaux-Brick, which was dissolved. The trademark was filed by Gervais. It was renamed to "Kim" ("Kim Eskimo" or "Kim cone") during the years 1990–2000, as due to its wide use it

5478-464: The risk of kidney stones . In sufficient amounts, the theobromine found in chocolate is toxic to animals such as cats, dogs, horses, parrots, and small rodents because they are unable to metabolize the chemical effectively. If animals are fed chocolate, the theobromine may remain in the circulation for up to 20 hours, possibly causing epileptic seizures , heart attacks , internal bleeding , and eventually death. Medical treatment performed by

5561-614: The seeds are dried, cleaned, and roasted. The shell is removed to produce nibs, which are then ground to cocoa mass , unadulterated chocolate in rough form. Once the cocoa mass is liquefied by heating, it is called chocolate liquor . The liquor may also be cooled and processed into its two components: cocoa solids and cocoa butter . Baking chocolate , also called bitter chocolate, contains cocoa solids and cocoa butter in varying proportions without any added sugar . Powdered baking cocoa, which contains more fiber than cocoa butter, can be processed with alkali to produce Dutch cocoa . Much of

5644-586: The shell of each bean is removed to extract the nib. The nibs are ground and liquefied, resulting in pure chocolate liquor . The liquor can be further processed into cocoa solids and cocoa butter. Producers of high-quality, small-batch chocolate argue that mass production produces bad-quality chocolate. Some mass-produced chocolate contains much less cocoa (as low as 7% in many cases), and fats other than cocoa butter. Vegetable oils and artificial vanilla flavor are often used in cheaper chocolate to mask poorly fermented and/or roasted beans. The penultimate process

5727-623: The term Eskimo , a term considered offensive by some for American Inuit , Yupik , and Aleut peoples. Danish immigrant Christian Kent Nelson, a schoolteacher and candy store owner, claimed to have received the inspiration for the Eskimo Pie in 1920 in Onawa, Iowa , when a boy in his store was unable to decide whether to spend his money on ice cream or a chocolate bar. After experimenting with different ways to adhere melted chocolate to bricks of ice cream, Nelson began selling his invention, under

5810-439: The term genericization refers to the process of a brand drug losing market exclusivity to generics. Trademark erosion , or genericization , is a special case of antonomasia related to trademarks . It happens when a trademark becomes so common that it starts being used as a common name and the original company has failed to prevent such use. Once it has become an appellative, the word cannot be registered any more; this

5893-437: The term " game console ", at that time a neologism . Whether or not a mark is popularly identified as genericized, the owner of the mark may still be able to enforce the proprietary rights that attach to the use or registration of the mark, as long as the mark continues to exclusively identify the owner as the commercial origin of the applicable products or services. If the mark does not perform this essential function and it

5976-653: The term ' googling ' in reference to Web searches. In 2006, both the Oxford English Dictionary and the Merriam Webster Collegiate Dictionary struck a balance between acknowledging widespread use of the verb coinage and preserving the particular search engine's association with the coinage, defining google (all lower case, with - le ending) as a verb meaning "use the Google search engine to obtain information on

6059-523: The terms to be genericized, stating the company's failure to reinforce the brand's connection with their product as the reason. A different sense of the word genericized in the pharmaceutical industry refers to products whose patent protection has expired. For example, Lipitor was genericized in the U.S. when the first competing generic version was approved by the FDA in November 2011. In this same context,

6142-949: The trademark in similar fashion to generic terms . In one example, the Otis Elevator Company 's trademark of the word " escalator " was cancelled following a petition from Toledo -based Haughton Elevator Company . In rejecting an appeal from Otis, an examiner from the United States Patent and Trademark Office cited the company's own use of the term "escalator" alongside the generic term " elevator " in multiple advertisements without any trademark significance. Therefore, trademark owners go to extensive lengths to avoid genericization and trademark erosion. Genericization may be specific to certain professions and other subpopulations. For example, Luer-Lok (Luer lock) , Phoroptor (phoropter) , and Port-a-Cath (portacath) have genericized mind share among physicians due to

6225-453: The tree using a machete , or by knocking them off the tree using a stick. It is important to harvest the pods when they are fully ripe, because if the pod is unripe, the beans will have a low cocoa butter content, or low sugar content, reducing the ultimate flavor. The beans (which are sterile within their pods) and their surrounding pulp are removed from the pods and placed in piles or bins to ferment. Micro-organisms , present naturally in

6308-474: The way it had been produced by the Aztecs. Starting in the 18th century, chocolate production was improved. In the 19th century, engine-powered milling was developed, and in 1828, Coenraad Johannes van Houten received a patent for a process making Dutch cocoa . This removed cocoa butter from chocolate liquor (the product of milling), and permitted large scale production of chocolate. Other developments in

6391-498: The word "Eskymo" can be used as a generic term in some regions of the country, the most common word for a chocolate-covered bar of ice-cream with a stick handle is "Nanuk" (in reference to the 1922 film Nanook of the North ). Chocolate Chocolate is a food made from roasted and ground cocoa beans that can be a liquid, solid, or paste, either on its own or as a flavoring in other foods. The cacao tree has been used as

6474-409: Was believed to be an aphrodisiac and medicine, and spread across Europe in the 17th century, sweetened, served warm and flavored with familiar spices. It was initially primarily consumed by the elite, with expensive cocoa supplied by colonial plantations in the Americas. In the 18th century, it was considered southern European, aristocratic and Catholic and was still produced in a similar way to

6557-411: Was capped with a dark brown foam created by pouring the liquid from a height between containers. While Spanish conquistador Hernán Cortés may have been the first European to encounter chocolate when he observed it in the court of Moctezuma II in 1520, it proved to be an acquired taste, and it took until 1585 for the first official recording of a shipment of cocoa beans to Europe. Chocolate

6640-488: Was invalidated in 1928. Stover sold his share of the business. He then formed the well-known chocolate manufacturer Russell Stover Candies . Nelson became independently wealthy off the royalties from the sale of Eskimo Pies. In 1922, he was selling one million pies a day. Nelson then sold his share of the business to the United States Foil Company, which made the Eskimo Pie wrappers. He retired at

6723-663: Was part of a trademark registered in Canada by a Canadian manufacturer, then ham manufacturers in Parma , Italy, might be unable to use this name in Canada. Wines (such as Bordeaux , Port and Champagne ), cheeses (such as Roquefort , Parmesan , Gouda , and Feta ), Pisco liquor, and Scotch whisky are examples of geographical indications. Compare Russian use of "Шампанское" (= Shampanskoye) for champagne -type wine made in Russia. In

6806-681: Was recognized as a generic name . In South Australia , the Alaska Ice Cream company licensed the Eskimo Pie name and manufacturing process in 1923. In the countries of the former Soviet Union as well as in France the word "Eskimo" is used as a generic name , not a trademark, for chocolate-covered ice cream with a wooden stick to handle it. In the Czech Republic , "Eskymo" is a brand of Eskimo Pie-style ice cream produced (as of 2020) by Unilever under its Algida brand. While

6889-681: Was selling off core assets and in February 2007 it sold Eskimo Pie and Chipwich to the Dreyer's division of Nestlé . In 2020, Dreyer's announced that they would change the former brand name to "Edy’s Pie" in 2021. The Edy's name is a nod to candy maker Joseph Edy, one of the founders of Dreyer's. In June 1924, the "Esquimaux-Brick" company was founded in Paris. It quickly expanded its production to other European countries, in particular to Italy and Hungary. The company produced "Esquimaux Bricks" which, as

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