On Wednesday, July 25th, 2018 European Unions highest court has ruled that the four-fingered shape of the KitKat chocolate bar is not distinctive enough to be trademarked.
KitKat maker Nestle has been trying to protect the shape of the KitKat since 2002. In 2006 the EUs IP office registered a trademark for the shape, but rival company Mondelez International Inc. challenged the decision, leading the dispute to reach the EUs highest court.
Now the trademarks validity will be re-examined by the EUs Intellectual Property Office under the strict conditions.
Earlier, Nestle has lost a legal bid in Britain to trademark the KitKat shape.
