Nestle May Struggle With KitKat Trademark After EU Court Ruling
- Candy maker trying to get trademark for shape of chocolate bar
- Cadbury opposes application covering four-finger shape of bar
Bars of original KitKat produced by Nestle SA.
Photographer: Jason Adlen/BloombergThis article is for subscribers only.
Nestle SA may find it harder to convince U.K. judges that the shape of its KitKat chocolate bar is distinct enough to trademark after the European Union’s top tribunal set strict limits on what qualifies for the status.
For a shape to deserve a trademark, owners must prove that consumers can recognize the product exclusively by that characteristic, and not in combination with another trademarked aspect, the EU Court of Justice said in a ruling Wednesday. The judgment gave both sides an opportunity to claim victory.