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Kit Kat just lost a 16-year-old case over its shape

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Nestle just lost a decade-long legal to protect the shape of its four-finger bar, Kit Kat, in European Court of Justice (ECJ) today.

Dismissing Nestle’s attempt to have the shape of the bar trademarked, the ECJ said in its ruling that the company had not shown that Kit Kat’s shape is a sufficient mark of distinctive character in all the countries it seeks a trademark.

The shape is already protected in Australia, Canada, and South Africa, but getting the same level in Europe and the UK has been difficult.

Rival Mondelez International had questioned the validity of the EU trademark.




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