July 27, 2018
The four-finger Kit-Kat just lost the case to prove itself as a trademark of Nestlé. Kit-Kat failed to convince the European Court of Justice that it owns the four-finger shape of the delicious treat.
In 2006, after four years of legal battle, Kit-Kat had initially won the case, which soon lost the victory. Kit-kat reinstated in appeal after appeal which brought itself to the present day, where they have lost again. This news comes as a relief to Cadbury, who have been fighting Kit Kat’s trademark since 2002. Cadbury’s parent company, Mondelez, also produces a Norwegian chocolate bar called Kvikk Lunsj, which is of a similar shape to the Kit Kat. Though Kvikk Lunsj appeared two years later then Kit Kat in 1937, but still it did not have enough evidence to prove it.
In spite of Nestle being to court in order to prove that the product had become iconic in “a significant part” of the EU market, undeniably, in individual countries such as France and Germany, the trademark still holds strong. However, Nestle not losing heart, will be treating this judgment as the end of the road. A representative said this was “not the end of the case,” adding, again, “We think the evidence proves that the familiar shape of our iconic four-finger Kit Kat is distinctive enough to be registered as an EU trademark.”
We just hope this won’t disrupt Kit-Kat from doling out delicious new flavors because we all need a break sometimes!