Nestle loses a battle but not yet Kit Kat's war – Companies

The ruling of the European Court of Justice (CJEU) on Wednesday is yet another rebound in the battle between Nestlé and Cadel chocolate maker Mondelez for more than a decade. carving chocolate bars with this famous three-dimensional design

The Court, based in Luxembourg, sent the case back to its starting point: it asked the EU Office for the property (EUIPO) "to reconsider whether the three-dimensional shape corresponding to the product + Kit Kat 4 bars + can be maintained as a Union mark".

The European Court of Justice notes that although it has been established that the four-finger mark has acquired distinctiveness through use in ten countries (Denmark, Germany, Spain, France, Italy, the Netherlands , Austria, Finland, Sweden and the United Kingdom), this is not the case for four others (Belgium, Ireland, Greece and Portugal).

It is therefore necessary for UEIPO to reconsider the question because of these four countries, where consumers have not recognized 'the four fingers' as emblematic of Kit Kat.

The CJEU had to rule on a first decision of the EU Court on December 15, 2016, which allowed Mondelez to score a point.

"Today nobody won, nobody Nestlé has gained time because its brand is still registered, "said a source at the Luxembourg Court.

" The Swiss manufacturer has however lost a battle, "continued this source," because he would have preferred the confirmation of the 2006 decision of the EU Office for Intellectual Property (EUIPO) ". The latter had in fact agreed to register Kit Kat's four-fingered form as the EU mark for Nestlé.

A decision disputed in 2007 by Mondelez, who produces a Norwegian confectionery of similar shape called 'Kvikk Lunsj' (Quick Lunch: Ed.).

In May 2017, Nestlé had already lost an appeal on the form of these chocolate bars, in Great Britain – a country still member of the EU but which will leave the Union in March 2019.