Nestle Loses Trademark to Kit Kat’s Infamous Shape

July 26, 2018

Kit Kats are so simple, yet so amazing. The shape of the chocolate wafer is an idea that many chocolate companies would probably want to take. Nestle decided to get this signature chocolate bar trademarked to prevent this from happening, but the European Court of Appeal dismissed them.

Nestle’s most famous chocolate bar, Kit Kat, has a signature shape like no other. As soon as you see four chocolate fingers stuck together, you immediately know that you’re in for the delicious crispy treat. Because of how recognizable the Kit Kat shape is, it’s inevitable that many companies would like to adopt it. Unfortunately, Nestle has faced defeat after a 16-year-long battle trying to trademark the shape of the chocolate bar. The European Court of Appeal denied their request, even though it is already trademarked in Australia, Canada and South Africa.

CJEU, trade mark law

New judgment clarifies what evidence is necessary to obtain an EU trade mark for Kit Kat bars pic.twitter.com/ObiyCFVXbu

— Steve Peers (@StevePeers) July 25, 2018

The company Cadbury Schweppes, better known as Cadbury, is the main reason why this trademark request has been denied. Cadbury has a chocolate bar with a similar shape of four chocolate fingers known as Kvikk Lunsj. This bar is popular throughout Norway and other European countries. The court also denied the request because the shape isn’t very recognizable in every European country, as there are other alternatives that are just as, if not more popular.

Anyone walking past my desk could fairly be concerned about an apparent four-fingered-chocolate-wafer habit. More on the battle of the bar on @itvnews at 1:30 #KitKat #KvikkLunsj pic.twitter.com/HeJNtwt7oe

— Faye Barker (@FayeBarker) July 25, 2018

People on Twitter have had conflicting opinions on this, with some people saying how it’s unfair for Nestle to have been denied the trademark, as Kvikk Lunsj and Kit Kats have a completely different shape and taste. Others, on the other hand, feel like Nestle is trying to trademark something that they didn’t invent and are silly for continuing to fight a losing battle.

I wouldn't usually say yes, but everyone knows that's the shape of a Kit Kat. Anything else will be a cheap imitation that's referred to as such. https://t.co/zsxwRB0rku

— Phil (@TheAsgardian) July 25, 2018

Trade marking a shape? They didn’t invent it .

— La-Lionne(J) (@j_lionne) July 25, 2018

Good. @Nestle are one of the most unethical companies ever to exist. Here’s four fingers for you https://t.co/lVAaqABU0T

— BIZZLEHELMET (@BIZZLEHELMET) July 25, 2018

If there's one company I will never have any sympathy for, it's @Nestle. Quite possibly one of the most evil companies in the world. I hope their lawyers fees were extortionate.

BBC News – Kit Kat case: No break for Nestlé in trademark row https://t.co/Xlq4hgY68d

— Kernow Lew (@KernowLew) July 25, 2018

Some Twitter users shared a few less opinionated, comedic comments, and some shared some unknown facts about the product and the company’s marketing secrets and tricks.

Kit Kats are made using imperfect Kit Kats. Nestlé leaves no Kit Kat uneaten, so every rejected Kit Kat is mashed into a paste that's used to fill the wafers. Every time you eat a Kit Kat, you're also consuming layers of Kit Kats within other Kit Kats.

— What The F*** Facts (@WhatTheFFacts) July 21, 2018

By this afternoon Aldi will have a bar shaped exactly like a Kit Kat, but with inferior chocolate. Probably called a Shit Kat https://t.co/aE6k401XYk

— Will Black (@WillBlackWriter) July 25, 2018

Despite many controversial, conflicting comments and thoughts made on Twitter, one question stuck out for everybody who has been reading about this situation. Nestle, what the hell is ‘four trapezoidal bars aligned on a rectangular base’? I sure hope they’re not describing a Kit Kat, because that sounds like a satanic recipe for disaster.

Do you think Nestle deserved the trademark? Do you think that they’re making a fuss over nothing? Let us know in the comments, or on Twitter at @WhatsTrending.