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Nestle loses trademark protection for KitKat

Geoff Riley

16th December 2016

The battle between confectionery giants Mondelez (which owns Cadbury) and Nestle has taken a fresh twist with news that Nestle's trademark protection for their four-fingered chocolate bars has been lost in an EU court.

The court ruled that, for the confectionery bar to be protected, consumers needed to recognise – across all EU states – that it had a distinctive character. It is widely recognised in the UK for sure - but not across the whole of the European Union.

Perhaps we can expect to see a rash of four-fingered bars including private label versions to hit the shelves in 2017?

Geoff Riley

Geoff Riley FRSA has been teaching Economics for over thirty years. He has over twenty years experience as Head of Economics at leading schools. He writes extensively and is a contributor and presenter on CPD conferences in the UK and overseas.

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