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No breaks in Europe for KitKat bars: Stripped of design protection

Friday, August 31, 2018 @ 11:52 AM | By May Cheng and Sydney Young

Europe’s highest court has invalidated trademark protection covering the shape of the KitKat bar, on the basis that it is not distinctive, in Société des produits Nestlé v. Mondelēz UK Holdings & Services ECLI:EU:C:2018:596. The case came before the European Court of Justice as an application by Cadbury Schweppes (now Mondelēz) seeking to cancel the EU trademark registration belonging to Nestlé that covered the three-dimensional four-fingered shape of its KitKat chocolate bar. (To read the case, click here.)

Nestlé had successfully registered the design mark in the...