Kit Kat in Trademark Battle

Nestle have been trying to trademark their four-fingered wafer for more than a decade.

Read the full article

The European Court of Justice is set to make a decision this week, following a long battle. Norwegian rival, Kvikk Lunsj, take pride in their snack which is used by Scandinavian hikers, and bears a resemblance to the Kit Kat shape. Interestingly, the owners of the brand also own Cadbury, Mika and Oreo which is why Cadbury have fought against the decision.

In order to be trademarked, the court decided that Kit Kat had to prove they were distinctive in every EU country. Essentially, they were asked if people recognise them from their shape alone. However, they didn’t provide evidence for 4 countries, including Belgium and Greece.

The decision against Kit Kat in 2016 was appealed, with Kit Kat arguing that it was incredibly difficult to prove distinctiveness in every EU country.

Protecting your brand is incredibly important and should be at the forefront of business decisions.

Hague provide specific tailored products and services to combat theft, counterfeit, fraud, alteration and Grey market products. Our expertise helps protect your brand from attacks that undermine company revenue, destroy consumer confidence and create Health and Safety issues.

Enquire Now