Jul 25, 2018

Time for a break in Kit Kat trademark case

In 2002, the global chocolate giant applied for a trademark in Europe for Kit Kat. In Europe, the most recent Kit Kat ruling is on whether the brand has become distinctive enough to deserve its trademark - essentially, that its shape alone was how people recognise the snack. Nestlé has been looking for Europe-wide protection for the Kit Kat shape, but there's also been an almost identical case in the UK. That ended in a 16,000-page ruling that Kit Kat had "No inherent distinctiveness". Back in 2006, a case involving gold chocolate bunnies asked similar questions to the Kit Kat saga. While Mondelez claims you can't trademark the shape of a Kit Kat, it's sure you can trademark a Toblerone - which it owns.

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