Cacao™ and Chocolate™ as Intellectual Property

Cacao and Chocolate are Indigenous Intellectual Property

Indigenous Chocolate™ is our common-law trademark and natural heritage as Indigenous Peoples of the Americas. The two words both legally describe our product and are incredibly unique. There are less than 13 Indigenous Tribes that are authorized by law to use these words to describe their product. Chocolate™ is also a common-law trademark that our tribe licenses for use internationally. No company may use Chocolate™ or Cacao™ as a trademark without Free, Prior, and Informed Consent by our tribe.

Who, What and Why of Indigenous Chocolate?

As subjective term(s) INDIGENOUS CHOCOLATE has different meanings to us as the only authority that can state that we are the only legal origin and the only legal source of Theobroma cacao as an indigenous (endemic) plant species within our territory:

Please do not use "Indigenous chocolate" to describe your product or as a trademark or trade dress. The trademark held in common law by the Indigenous peoples is protected, you cannot take us to court for using the term because we are a sovereign entity; but that is not to say that we are not warning you or policing our trademark and copyrights. Some entities can take you to court on our behalf that hold a legal interest in our autonomy. 

INDIGENOUS CHOCOLATE is a proprietary trademark (TM) of the Huottuja-De'aruhua People as declared by their Sovereign Indigenous Court in Las Pavas, Rio Cataniapo, in 2019 De'Aruhua Indigenous Chocolate decided to use the trademark in their name as its only known originators. As a Trademark it is entitled under common law and the Lanham Act in the United States; Title 15 U.S. Code § 1125 - False designations of origin, false descriptions, and dilution forbidden. The Piaroa Nation is also seeking to protect the Theobroma cacao genome and its own integrity as the origin and source of Theobroma cacao which has been taken and used without Free, Prior or Informed Consent (FPIC).