This was a high stakes court drama.
Nestlé, the global food company, was denied an attempt to trademark the shape of the chocolate bar Kit Kat across the European Union because the courts decided the company hasn’t proved the three-dimensional shape is known to everyone as Kit Kat’s.
As usual, these trademark battles between big corporations are a result of past rulings. Nestlé applied in 2002 for the Kit Kat shape trademark but was blocked by chocolate rival Cadbury Schweppes, now part of the company Mondelēz International Inc.
In 2016 the European Union Intellectual Property Office (EUIPO) said there were countries such as Greece, Portugal, Belgium, and Ireland where the shape was not recognized or associated with the brand Kit Kat.
Fast forward to last week, late July 2018, when in the latest installment of the saga, a higher court threw out Nestlé’s appeal and ordered EUIPO to reassess Nestlé’s trademark application.
Part of the problem Nestlé has trademarking the Kit Kat shape is due to the existence of a Norwegian chocolate bar called Kvikk Lunsj which made its debut in 1937. The Kit Kat chocolate was produced first in 1935 as Rowntree’s Chocolate Crisp and was re-named Kit Kat in 1937.
Additionally, in certain European countries, the shape of the chocolate bar is not associated with Kit Kat but with its rival.
With this blog about chocolates, I’m sure you are thinking about Toblerone. Well, Mondelez (Nestlé rival in the Kit Kat fight) has successfully trademarked the shape.
These trademark court dramas underscore the importance of varied aspects of the products such as the shapes to protect from competitors and the need to trademark something so distinctive and unique.
Here is a short list of product shapes that have been trademarked:
The Coca-Cola bottle
Pringles
Toblerone
Now, relax. Kisses’ shape is trademarked.
This blog is written for informational purposes. Consult with an experienced trademark attorney to protect the intellectual property of your business against competitors.
Marcos E. Garciaacosta Esq. has helped to file over a thousand trademarks in different jurisdictions across the globe. Call to schedule a consultation at (480) 324-6378