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The Swiss company Nestlé lost the battle in the European court, but not the war, to defend its KitKat brand, and its four-gun form.
The European Court of Justice, based in Luxembourg, removes all the case to retirement More than ten years ago, the AP agency reports that the company was re-examined by the company. AP Agency.
Nestlé, the manufacturer of this drink, has been trying for years to protect the shape of this chocolate bar. As Toblerone protected the pyramidal shape of their chocolate whose brand is protected
In this case, Nestle and the US company Mondelez, owner of a Norwegian candy maker, oppose the same form, called Kvikk Lunsj.
The European Court of Justice ruled today against KitKat's producer, Nestle, stating that this form was not recognized in the 28 EU countries. According to the court, the form has been recognized in ten countries, but in four countries, Belgium, Ireland, Greece and Portugal.
The court agreed with the producer of Norwegian sweets Kvikk Lunsj, favorite of hikers and skiers for two years after the release of KitKata in 1935.
The case has been withdrawn since 2006, when the office EU intellectual property allowed Nestlé to register the KitKat Chocolate form as a distinctive mark. In 2007, Mondelez complained to Mondelez, who produced Norwegian sweets
A source at the European Court told France Presse that no one has ever won and that no one has lost, but that Nestle lost the battle, as it would rather confirm the 2006 decision in which the company is entitled to the mark.
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