Kit Kat in Trademark Battle
Nestle have been trying to trademark their four-fingered wafer for more than a decade.
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.
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