No break for KitKat in Europe as trademark request rejected

STAVANGER, Norway (AP) — KitKat is not getting its break.

The maker of the chocolate bar has for 16 years tried to trademark its four-finger shape in the European Union, arguing that it is a distinctive feature that deserves protection — like Toblerone’s pyramid blocks, which are trademarked.

But a European court ruled Wednesday against KitKat and its maker, Nestle, saying its shape is not recognized throughout all 28 countries of the EU.

The court instead sided with the makers of Kvikk Lunsj, a Norwegian snack that is a longtime favorite of hikers and skiers — and is shaped almost exactly the same as a KitKat.

That decision will allow Mondelez, the maker of Kvikk Lunsj, to market and sell the chocolate bar more widely throughout the bloc.

The court is the latest battleground in the feud between the chocolate bars, which began when the company Freia first introduced the Kvikk Lunsj — which translates to “Quick Lunch” — to Norwegians in 1937, two years after KitKat hit U.K. shelves.