The common-law trademarks CHOCOLATE™ and CACAO™ belonged to the Indigenous Peoples of the Americas since 1522 when they were acknowledged by the Emperor of the Holy Roman Empire, who enacted laws for their fair treatment of natives in 1542. They were credited with being the sole producers of cacao and as the inventors and manufacturers of chocolate. Despite this, cacao and chocolate are trademarks (wordmarks) that were misappropriated into the public domain. Both words "cacao" and "chocolate" are Native American (Pre-Columbian) words. There are no exceptions in the law to protect the Indigenous peoples who have suffered ever since their ideas and inventions were stolen from them and distributed globally. As a result of this, the only legitimate global source and origin remains the Indigenous peoples of the Americas. There is no evidence that anyone has any permission to use, sell, produce, or grow the Theobroma cacao plant because of the state and condition of the people whose rights were obliterated and taken until now as the owners of the marks.
It does not matter what we think is true, but the truth does matter. The Indigenous Peoples of the Americas were attributed and credited with the advent of chocolate made from cacao in 1522 by Charles V of Spain. The Emperor's actions were affirmative and conclusive before biocolonialism began. As a result of the Emperor's affirmative actions, CHOCOLATE and CACAO were permanently credited as Indigenous Intellectual Property; however never recognized by governments, settler states and users after the era of biocolonialism began.
A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government. Trademarks help protect consumers from being confused as to the source of a product or service, and, of course, for business owners, a trademark can protect your brand as well.
Before a company can begin to attempt to establish a common law trademark, they should make sure that no one else is already using the mark. Due diligence now could avoid the unfortunate situation of finding out you have infringed on someone else's common law trademark later. All the users of cacao and chocolate in the 1700s were fully aware of the origin and source of Theobroma cacao in nature, but none of them considered the ownership of the words which are clearly established as "Spanish words of Indigenous origin".
Even if the common law trademark owner doesn't choose to sue you for infringement, you still could face incredible costs to rename and rebrand your business. Besides, you don't want to confuse potential consumers, either. At this time in 2022, all chocolate companies through their very existence are taking away profits that should (and in law) be earned only by the Indigenous peoples of the Americas or their licensees.