Nestle loses legal battle with Mondelez International

Nestle has lost its legal battle with global snack company Mondelez International over the validity of its EU trademark for the shape of the KitKat '4-finger' chocolate biscuit bar.

According to the General Court, the European Union Intellectual Property Office (EUIPO) should re-examine whether the shape corresponding to the product may be maintained as an EU trademark.

In 2002, Nestlé applied to EUIPO for registration as an EU trademark of the shape, which was approved in 2006.

Cadbury Schweppes (now Mondelez UK Holdings & Services) applied to EUIPO for the declaration of invalidity in 2007, but this was dismissed in 2012.

Mondelez claims that the General Court should annul EUIPO’s decision, because the evidence taken into consideration establishes use of the trademark in respect of bakery products, pastries, cakes and waffles.

The court recalled that the trademark was registered for a category of goods containing several sub-categories.

After examining the evidence, the court concluded that EUIPO considered that it was unnecessary to prove it acquired distinctive character in the member states concerned.