A long-running legal battle between global chocolate giants over the shape of Kit Kat finger wafers was sent back to the EU's trademark office this week after judges dismissed appeals by both companies. The ruling by the European Court of Justice means the EU Intellectual Property Office must review a 2012 decision to uphold Swiss-based Nestlé's trademark on the shape of the four-finger chocolate-covered wafer biscuit over objections raised by Mondelez of the US. The Luxembourg court found that Nestlé had failed to show that consumers in enough EU countries recognised the shape as distinctive, but also dismissed an appeal by Mondelez against some of the grounds for an EU lower court ruling in 2016 that had found the Intellectual Property Office was wrong to reject the US firm's complaint. The outcome leaves open that the trademark agency could, while respecting the judges' ruling, take account of other evidence - such as new proof the shape is distinctive to people in more countries...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.