Kitkat: The ECJ ruled against Nestle

The case related to the simple question: Is the four-fingered form of Kitkat striking enough to be filed?

The Office of Intellectual Property (EUIPO) had Nestle granted trademark protection years ago. The competitor Mondelez which includes, among others, the British confectionery manufacturer Cadbury, has requested the suspension several times.

The two companies have been fighting for more than ten years on the protection of European brands for the Kitkat chocolate bar. In today's decision, the European Court of Justice (ECJ) assigned to Cadbury

Office of Intellectual Property must reprogram

According to the court, the Office of Intellectual Property (EUIPO) n & # 39; could not prove that the three-dimensional shape of chocolate Consumers in all EU countries concerned as a separate brand.

In addition, the mark had been registered for a whole group of products without demonstrating that the "Kitkat" form was used for some of the products in this group, such as bakery products, cakes and waffles. The Office must now take over the case

In Video: The EU doubt the uniqueness of the chocolate bar