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The European Court ruled that she would re-examine the registration of the mark of the four chocolate bars "Kit Kat", against the claim of Mondelez
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Kit Kat: Mondelez markets a similar Norwegian product called Kvikk Lunsj (Hannah McKay / Reuters)
Justice AFP
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July 25, 2018, 4:33 pm – Posted Jul 25, 2018, decided to re-examine the four bars of chocolate " Kit Kat " of the Swiss company Nestle, against the claim of the US group Mondelez
"The Office of Intellectual Property of the Union European Union (EUIPO) should reconsider whether the three-dimensional shape corresponding to the product "Kit Kat 4 bars" can remain a mark, "said the European Court of Justice EU (CJEU).
The decision represents a new chapter in the more than a decade dispute over the "Kit Kat" whose first sale was in 1935, and which opposed Nestle to Mondelez, which markets a Norwegian product called Kv " The distinctive form of our four-bar Kit Kat deserves to be protected, "said the Swiss food giant in a statement, noting that" today's decision is not not final. "
registered in Nestlé four years earlier, although in 2016 the EU Court annulled it after appealing to Cadbury Schweppes, now Mondelez. EUIPO made a "mistake" by proving only "in a part" of the EU Member States in 2002 the "distinctive character" of the mark.
In its decision, the CJEU confirmed the analysis of the Court of First Instance "since the evidence presented demonstrates this acquisition as a whole" and in the case of four countries, Belgium, Ireland, Greece and Portugal. rejected the resources of Mondelez and Nestlé and the European Trademark Office.
