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Nestlé lost a 12-year trial in the European Court of Justice with the Norwegian company Kvikk Lunsj over the distinctive shape of the KitKat chocolate bar, according to Bussines Insider.
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The legal battle between the two parties began in 2002, with the Norwegian company Kvikk Lunsj challenging the demand KitKat patent. It was sent to the European Intellectual Property Office (EUIPO) by Nestlé and was subsequently approved for a period of four years.
According to Bussiness Insider, citing the judgment of the European Court of Justice, the approval of the Office of Intellectual Property of the European Union. was justified by the fact that the KitKat stick should have been recognized in all the Member States of the Union. The decision of the European Court of Justice thus confirmed an identical decision taken by a lower court in 2016.
Prior to the decision, Nestlé managed to obtain recognition for its product in ten countries: Germany, Spain, Denmark, Italy , France, the Netherlands, Sweden, Austria, Italy and the United Kingdom. However, it has not been successful in Belgium, Portugal, Greece and Ireland.
Nestlé is not the first European company to not have patented its products in recent years. In 2013, Lindt, the Swiss company, lost a lawsuit aimed at patenting chocolate rabbits in gold packaging. Also, in 2017, the uniqueness of the Toblerone bars' triangular appearance was disputed, after the British company Poundland launched a similar product. Finally, this case was solved by the agreement of the parties
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