au.blackmilkmag.com
New recipes

Kit Kat Was Unable to Trademark the Four-Fingered Candy Bar Shape

Kit Kat Was Unable to Trademark the Four-Fingered Candy Bar Shape


We are searching data for your request:

Forums and discussions:
Manuals and reference books:
Data from registers:
Wait the end of the search in all databases.
Upon completion, a link will appear to access the found materials.


After a long legal battle, Nestle lost its bid to trademark the iconic shape of the Kit Kat bar in a court of appeals decision

Come on… Give them a break.

After seven years of fighting to trademark the iconic four-fingered shape of the Kit Kat bar, Nestlé has lost its case in the court of appeals in London. The court ruled that the candy bar’s appearance was not unique enough to warrant a trademark and was not a “badge of origin,” as the company had original argued.

“We are concerned here with ... the three-dimensional shape of a chocolate product, that has no inherent distinctiveness,” said Lord Justice David Kitchin in a statement concerning the court’s ruling.

This marks a win for confectionary rival Cadbury, which had been battling Nestlé in court to maintain production of the Norwegian candy bar, Kvikk Lunsj (translation: “Quick Lunch), which looks remarkably like a Kit-Kat, and is also made with wafers enrobed in milk chocolate. The Kvikk Lunsj has been around since 1937, while the Kit Kat was developed in 1935, a mere two years before, and was originally called “Chocolate Crisp.”

Nestlé has vowed not to give up the fight for the “distinctive character” of its humble chocolate bar:

“Nestlé is disappointed by the Court of Appeal judgment and is considering next steps,” the confectionary company said in a statement. “KitKat is much loved around the world and its four-finger shape is well known by consumers. Nestlé's four-finger shape has been granted trademark registration in many countries of the world, for instance Germany, France, Australia, South Africa and Canada, further protecting it from imitations.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Nestlé loses KitKat battle after EU court rejects bid to trademark four-fingered design

Court of Justice of the European Union gets last word in KitKat shape dispute

Nestlé’s attempt to secure trade mark protection in Europe for the shape of its four-fingered (KitKat) chocolate bar has been officially blocked by a decision at the Court of Justice of the European Union (CJEU) today.

Nestlé first sought trademark protection in 2002 for the KitKat shape (‘four trapezoidal bars aligned on a rectangular base’, according to an EU legal adviser) at the European Intellectual Property Office (EUIPO).

Rival Mondelēz, owner of brands including Cadbury, Milka and Oreo, and the Leo bar - another four-fingered chocolate treat - initially challenged the move.

Since then, the dispute has taken many twists and turns.

Appealed ruling

Last year, the Court of Appeal in the UK rejected Nestlé’s attempt to seek trademark protection for the shape of its KitKat chocolate bar because the shape trademark has “no inherent distinctiveness.”

Not willing to stop there, Nestlé decided to appeal the ruling by seeking the opinion of the CJEU. Earlier this year, an Advocate General Opinion (AGO) was given advising that Nestlé's appeal should be thrown out and its EU trademark should be annulled.

Today’s decision upholds the earlier AGO and Nestlé’s appeal has been thrown out. As a result, the EU trademark it currently holds will be revoked.

A Mondelēz spokesperson said: “As previously noted, our contention is that the shape of the KitKat bar should not be protected as a trademark throughout the European Union. We are pleased that the decision of the European Court of Justice supports our position.”


Watch the video: White VS Dark Chocolate KitKat Bar


Comments:

  1. Nasim

    Obviously he is wrong

  2. Antti

    I think mistakes are made. I propose to discuss it. Write to me in PM, speak.

  3. Ealdun

    Well done, the brilliant idea

  4. Chanler

    Your thought is brilliant

  5. Douzuru

    Bravo, great idea and on time



Write a message