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ARTICLE · 04 JUNE 2018

KitKat Might Loose Protection For Its Four- Fingered Shape

S.S. Rana & Co.
S.S. Rana & Co.
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S.S. Rana & Co.

S.S. Rana & Co.

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The senior adviser to the European Court of Justice held the four-fingered shape of the chocolate was not recognizable enough by the customers

European UnionIntellectual Property
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"Have a break...Have a Kit Kat!" is one of the most loved tagline by individuals of every age group. The news of Toblerone changing its shape came as a surprise for chocolate lovers and the global chocolate industry. Recently, another shocking news that is getting limelight is that KITKAT four-fingered shape might not get the trademark protection in the European Union.

The senior adviser to the European Court of Justice held the four-fingered shape of the chocolate was not recognizable enough by the customers. It does not have the distinctive quality necessary for trademark protection. The story began in 2006, when a trademark protection was granted by the European Union Intellectual Property Office for the "three-dimensional shape" of the fourfingered KitKat to Nestlé. This registration was later challenged by Cadbury, which was rejected by the European Union Intellectual Property Office reasoning that the shape of the chocolate was not 'distinctive' enough. The

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