Nestlé has been seeking protected status for the last decade on what it argues to be its uniquely shaped chocolate bar; the KitKat - four fingers on a rectangular base.
Wednesday (25 July 2018) saw the ECJ deliver its final word on the long legal battle over the trademark of the chocolate bar; ruling that Nestlé’s KitKat would not be entitled to protection from other manufacturers attempting to mimic the chocolate bar’s shape.
The decision was made on the basis that a) KitKat is not sufficiently well known in all EU member states and b) the chocolate bar not having the required distinctiveness to warrant the protection.
This will undoubtedly be a disappointing result for Nestle after an expensive 11-year legal battle.
A Nestlé spokesperson has suggested that they are likely to lodge an appeal to the decision, describing the chocolate bar’s shape as ‘iconic’. Some experts have suggested that Nestlé may succeed in its trademark efforts if more evidence is submitted. So watch this space...