BRITISH favourite KitKat is set to lose its EU-wide trademark status allowing anyone to produce a chocolate bar mimicking its iconic shape.
The four-fingered treat, made by Nestle, lost an appeal at the European court of justice on the grounds that it was not well enough known in Belgium, Ireland, Greece and Portugal.
In order to obtain full protection, the Swiss company had to prove the design was recognised as distinctive across all member states.
Advocate General Melchior Wathelet, whose advice is not legally binding but often followed, said sufficient evidence had only been provided for Denmark, Germany, Spain, France, Italy, the Netherlands, Austria, Finland, Sweden and the UK.
Status had previously been granted by the EU intellectual property office back in 2006.
It becomes the latest company to have lost a decision over shape protection, including the challenging Rubik’s Cube after the CoJ decided it was not distinctive enough back in November 2016.
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