The European court of justice has rejected candy maker Nestlé's bid to trademark the shape of its KitKat candy bars, ruling that it was not distinct enough for consumers to associate it with the brand.
Nestlé had sought to trademark the four-fingered shape of its KitKat bar in the UK, an effort that was met with resistance by European competitor Cadbury. The UK Trade Marks Registry rejected Nestlé's application to trademark the shape of the KitKat bar in 2013 when Cadbury opposed it.
Nestlé claimed that since the chocolate bar was introduced 80 years ago, its four-fingered shape has been almost exclusively associated with the KitKat name. KitKat bars are also made in a two-bar shape, which Nestlé has not attempted to trademark.
In June, the advocate general of the European court of justice said that Nestlé's attempt to trademark the KitKat shape did not comply with EU trademark law.
The dispute between Nestlé and Cadbury will continue when both return to court later this year to hear a final ruling on whether KitKat copycats can be sold in the UK.
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