All you Kit Kat lovers might be in for a shock with this recent news. “Four trapezoidal bars aligned on a rectangular base.” That's what the world identifies as a kit kat bar. After a 16-year legal battle between Nestle and the courts of the UK and EU, today the European Court of Justice (ECJ) ruled a Europe-wide trademark for Kit Kats should be annulled. Back in 2002, Nestle had applied for a trademark for Kit Kat's shape which was granted to them after a tussle of 4 years.
But this decision was met with a lot of opposition from manufacturers of similar food items most notably Cadbury-owned Mondelez, makers of Kvikk Lunsj, a Norwegian favourite. In 2016, Nestle was ordered to prove that its Kit Kat bars were recognisably distinct in every single country in the European Union. But unfortunately for them, they couldn't prove this in Belgium, Ireland, Greece, and Portugal.
The ECJ found that “distinctive character had been acquired” without “adjudicating on whether that mark had acquired such distinctive character in Belgium, Ireland, Greece and Portugal”. It said, “On the basis of those considerations, the Court dismisses the appeals of Nestle and EUIPO.” Well, looks like you might now start seeing the Kit Kat shape in other chocolates as well.
