On Wednesday, July 25th, 2018 European Union’s 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 EU’s IP office registered a trademark for the shape, but rival company Mondelez International Inc. challenged the decision, leading the dispute to reach the EU’s highest court.
Now the trademark’s validity will be re-examined by the EU’s Intellectual Property Office under the strict conditions.
Earlier, Nestle has lost a legal bid in Britain to trademark the KitKat shape.
