Nestle could struggle trying to block KitKat copycats, after a top lawyer at the European Court of Justice rejected a trademark bid.
The advocate general said the attempt to trademark the bar's four-fingered shape did not comply with EU law.
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Advocate-general opinions are usually, although not always, followed by judges at the ECJ.
The original case was filed in 2010 when Nestle looked to register the shape of the four-bar chocolate without the logo, contested by Mondelez International in 2011. A court in 2013 rejected the trademark bid saying it was "devoid of inherent distinctive character," which Nestle then appealed.
If the application was successful Nestle would have been able to stop competitors making rival chocolate bars of the same shape and size.
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A spokesperson for Nestle told just-food: "Nestle will review the advocate general's Opinion with interest and look forward to the full decision of the court. KitKat is much loved and its unique shape, which has been used for 80 years, is well known by consumers."
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