As well as cake, Aldi wants the trademark to apply to a long list of general merchandise from soft toys to stationery to coasters, suggesting it may see an untapped sales opportunity following the publicity generated by M&S’s legal action.
Aldi has already made more of Cuthbert – the name of its caterpillar cake – since M&S filed a high court claim last year alleging trademark infringement against its own Colin the Caterpillar product.
As well as dropping a Cuthbert cake from 40,000 ft in a parachute to raise money for cancer charities – including M&S partner Macmillan – Aldi’s Christmas ad involved a cameo role for the caterpillar, which was led away by police.
Earlier this month it emerged the two retailers had reached a confidential agreement that settled the case, leaving IP experts unsure who had gained most from the dispute amid all the public attention.
Aldi did not provide a comment on the trademark.