Non Conventional Trademarks

Every chocolate lover knows the end of that saying. This chocolate is known for its' four fingers, chocolate-wrapped wafer goodness, and its' iconic tagline, but is it well-known enough to be considered "well-known?" Are well-known trademarks as viable an option as was once thought? In a gobsmacking judgment made by the European Court of Justice, the Court Ruled that KitKat's chocolate bar not merit trademark protection status in the EU. The Court decision was that the chocolate could not be considered to be adequately well-known across all European countries. This legal battle lasted 11 years and resulted in the chocolate not being afforded the protection supplied to branded products.