KitKat is likely to lose protected EU status

Nestle’s four-fingered KitKat chocolate bar may lose its protected trademark status across the EU when the European Court of Justice (ECJ) hears its case. The top court’s advocate general has handed down his opinion to the judges to dismiss Nestle’s appeal and uphold the lower court’s 2016 decision to annul the trademark protection. Normally, ECJ judges go by the opinion of the advocate general. Nestle was initially granted trademark protection for its four-fingered KitKat in 2006. Rival Cadbury’s objection to the trademark protection was dismissed by EU’s intellectual property office which held that KitKat trademark has received EU-wide recognition. Cadbury then appealed to EU’s lower court which annulled KitKat’s four-fingered trademark saying it is not so popular in the EU countries Belgium, Greece, Ireland and Portugal. It should be widely recognised by customers across all EU countries, the lower court ruled. US-based Mondelez International now owns Cadbury.