First the Rubik’s Cube now the Kit Kat: EU Court rules in favour of Cadbury over Nestle in chocolate trademark war

EU authorities have thrown the chocolating world into turmoil after revoking confectionery giant Nestle’s registered trademark for one of Britain’s best loved treats, the Kit Kat.

The annulling of the trademark means the Kit Kat shape can be used by anyone who wants to do so.

Speculation may commence that leading competitors are plotting to create their version the choccy-bar, especially given it was Cadbury – who are now owned by Mondelez International – that first lodged the complaint against the trademark.

The news comes just a month after another global stalwart – the Rubik’s Cube – had its trademark removed.

Nestle must now refer its case to the European Union Intellectual Property Office (EUIPO) which will re-assess whether Kit Kats have established a sufficiently “distinctive character” across all EU member states.

The EUIPO previously registered Kit Kat as a trademark in 2006 under sweets, bakery products, biscuits, cakes and waffles.

And although Nestle proved the Kit Kat brand had a distinctive character across 10 Eurozone nations. This wasn’t enough for the EU judges.

Nestle still have the option of appealing the decision to the EUs highest court – the European Court of Justice, who turned down the Rubik’s trademark in November – but must do so within the next two months.

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