European Union judges have ruled that the four-fingered shape of the KitKat chocolate bar is not distinctive enough to be trademarked. Its already protected in Australia, Canada and South Africa but the company had been trying to get the same level of protection in Europe and the UK for over a decade.
KitKat maker Nestle, the food multinational, has been trying since 2002 to establish a European trademark for the snack. But the European Court of Justice in Luxembourg on Wednesday ruled against it.
However, this comes as a relief for lovers of a Norwegian chocolate bar, the Kvikk Lunsj, that has a similar shape. Its maker, Mondelez, can continue to market and sell the 80-year-old Kvikk Lunsj brand throughout the EU. The snack was established in 1937, two years after KitKat hit the shelves in the U.K.
Norway is not part of the EU, but as part of the European Economic Area, takes many of the bloc’s rules.
