The Kitkat bar does not enjoy any protection according to the judgment of the ECJ

Nestlé's trademark protection for the shape of its Kitkat tie needs to be re-examined. This has been decided by the European Court of Justice. In a legal dispute of a year, the food company had been striving to finally protect the four – fingered form of its well – known sweets. The European Intellectual Property Office (EUIPO) must now re-examine the protection of trademarks

EUIPO had registered the product "Kitkat 4 Finger" as EU trademark at the request of Nestlé in 2006 and Nestlé had applied for it in 2002. In mid-December 2016, as a result of a complaint by US competitor Mondelez, the ECJ has already challenged this decision: evidence that the shape of chocolate is recognized by consumers in all EU countries as its own brand is lacking. This is the case that in some cases – for example in Germany and France –

Nestlé and several other parties contested the decision. The current decision makes it clear that Nestlé should not claim the form for itself. For Mondelez, the judgment has a special meaning: a chocolate bar from the badortment of the company, the Norwegian Kvikk Lunsj, has the same form as Kitkat. The bar can now be marketed in its original form in the EU.