The European Court of Justice (ECJ, the highest EU court) decided that the Kit Kat chocolate bar shape is not entitled to registered trademark protection. To maintain its shape trademark registration, the chocolate bar’s maker Nestlé was required to provide evidence of acquired distinctiveness that covered the EU as a whole. The Court concluded that the KitKat chocolate bar shape was not sufficiently well known in Belgium, Ireland, Greece, and Portugal, although acquired distinctiveness was established in Denmark, Germany, Spain, France, Italy, the Netherlands, Austria, Finland and Sweden. More information is available from UK firm Appleyard Lees here and a copy of the EJC decision can be found here.
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