It seems like KitKat is not getting any closer on acquiring that prized trademark they always wanted.
Nestle’s KitKat chocolate is known for its punch line “Take a break, take a KitKat”, but right now they are the ones who needed it the most.
KitKat has several styles when it comes to its packaging, sometimes it comes in pairs or in quarters but nonetheless; one distinctive feature of the treat is it being a four-fingered shape chocolate.
As others recognize KitKat when they see one, some are confusing the aforementioned to some other brands, this is due to the fact that there are lots of sweets that are shaped the same as KitKat. A great example is Mondolez’s Kvikk Lunsj, which is considered as one of the brand’s top competition and since their products have the same shape, chocolate-lovers get easily confused and buy the other instead of having their desired snack.
Trademark is important as it gives the one who possesses it the right to use the thing they are trademarking exclusively.
For that reason, KitKat’s owner has been desperately seeking for a trademark for the last 16 years, but as the results show, the odds are not in their favor. The ruling over KitKat’s appeal has been released and it was not good news for them.
Since they are trying to get the trademark in Europe, the decision would come from the European Union; and according to them, the shape may have been distinctive in some countries in the region, but there are still others that think otherwise.
In order to get the trademark, all 28 countries should have immediately recognized the four-finger shape as a brand or feature of the treat- where obviously they have failed. The company’s request was even compared to one asking for a trademark for the shape of a cookie.
Nonetheless, KitKat can still uphold its request to the bloc’s highest court but for now, let them have a break.