The EU's top court has ruled that Kit Kat's trademark of the four-finger shape across the bloc be reconsidered. Nestle has been involved in a decade-long legal battle with US rival Mondelez over the distinct shape.
Image: Reuters/H. McKay
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The European Court of Justice (ECJ) on Wednesday ordered the bloc's Intellectual Property Office to "reconsider" Kit Kat's EU-wide trademark of the chocolate bar's distinctive four-finger shape.
The court wouldn't give Nestle a break in its decade-long legal battle with US rival Mondelez, maker of Cadbury chocolate, over the four-fingered wafer biscuit which was first sold in 1935.
The ECJ did not cancel the trademark, as suggested by the court's top advisor in April, but said the EU's Intellectual Property Office (EUIPO) must go back to the drawing board and revisit its 2006 decision to grant Kit Kat an EU trademark based on its shape.
In 2006, the EUIPO allowed Nestle to trademark what the court calls the "three-dimensional shape of the 'Kit Kat 4 fingers' product."
The rival: Nestle has been in a 10-year legal war with US company Mondelez over the shape of its Kvikk Lunsj chocolate barImage: picture-alliance/AP/F. Hagen
'No one has won'
The court said Nestle had failed to provide evidence that the Kit Kat shape was well enough known in Belgium, Ireland, Greece and Portugal.
A lower EU court "was right to annul the EU's intellectual property office decision, in which it concluded that distinctive character had been acquired" without including those countries in the case, a statement said. The trade mark criteria "must be shown throughout the EU," it continued.
"Today no one has won, no one has lost. Nestle has saved time because its brand remains registered for the time being," a court source told French news agency AFP.
"But Nestle did lose a battle as it would have preferred a full confirmation of the EUIPO decision," the source added.
Sweet temptations
Lovers of chocolate, gummy bears and potato chips have all turned their eyes on Cologne. Manufacturers at the ISM, the world's largest trade fair for sweets and snacks, are promoting themselves with new delicacies.
Image: picture-alliance/dpa/H. Kaiser
Crazy varieties
Mint-flavored popcorn, anyone? Or how about coconut-caramel, lemon, chocolate and ginger? Flavored puffed corn is one of the strangest novelties at this year's international confectionery fair (ISM) in Cologne. Some 37,000 trade visitors are expected between Sunday and Wednesday (31.01.–03.02.2016).
Image: picture-alliance/dpa/O. Berg
More and more sweets
New brands have a reasonably good chance of success, because demand for sweets and snacks is rising, albeit slowly. According to figures from the trade association, Germans ate more than 32 kilos (70.5 lb) per head in 2015. Perhaps this fruit gum with added caffeine can have a share in that market?
Image: picture-alliance/dpa/O. Berg
Treats from all over the world
The world's biggest confectionery fair boasts a total of 1,600 exhibitors from 65 countries. This year's partner country is France, which is represented by a particularly wide range of products. A trade fair for snack industry suppliers is taking place alongside the ISM, so for these four days Cologne is synonymous with calories.
Image: picture-alliance/dpa/H. Kaiser
Perennial favorite
Chocolate is still the top favorite for Germans. This year they spent just under 110 euros ($119) per head on sweets, and more than 45 euros of that went on chocolate. German consumers are especially keen on milk chocolate, whereas in France or Italy dark chocolate, which contains a higher percentage of cocoa, is more popular.
Image: picture-alliance/dpa/O. Berg
Healthy and sporty
Can sweets really be healthy? The manufacturers are doing their best to convince us, as for example with these confections and chocolate wafers. They're filled with so-called superfoods: goji berries, matcha or baobab powder, and chia seeds.
Image: Foto: Koelnmesse/Thomas Klerx
Packed with vitamins
These fruit gums are available with zinc and vitamin A, or with calcium and vitamin D. They're supposed to help strengthen the eyes and the bones. As well as vitamin products like these, there are also lots of new, vegan delicacies at this year's ISM. Organic and fairtrade products are also trendy.
Image: Foto: Koelnmesse/Thomas Klerx
Slight crunch
Like chocolate, potato chips are also still very popular. Despite a slight increase in overall consumption, the German confectionery industry, which employs around 50,000 people, is calling 2015 a "mediocre year." This is because high prices for raw materials - nuts and cocoa butter, for example - have affected profits.
Image: Koelnmesse/Thomas Klerx
Good prospects
Nonetheless, experts predict that 2016 will be a very good year for the confectionery industry. There are, after all, two major events coming up - the UEFA European Championship in football, and the Olympic Games - that will have plenty of people glued to the sofa. And they're going to need snacks to keep them going.
