A couple of weeks ago I wrote a blog post about Christian #Louboutin and his #trademark battle. Well just as a little update, Mr. Louboutin has been succeeding in winning most of his cases. Unfortunately the same can’t be said for confectionary giant, #Nestle.
Nestle has been trying to trademark the shape of Kit-Kat bars in the European Union for the last 16 years. The European Union’s #intellectualproperty office disagreed that Kit-Kat’s signature shape had become #iconic enough in the 28 nations that it represents to merit its own trademark. When I read the story I couldn’t believe it...Kit-Kat’s are one of my favorite sweets to indulge in. So I started doing some digging as to why Nestle lost the international trademark battle and from what I read it breaks down to an issue of universal recognition.
Trademarks are supposed to protect your brand/idea from being stolen, but only if you came up with it first. The problem with Nestle's Kit-Kat is that there are actually a few confectionary companies in Europe that also use the 4 finger shape for their sweets. When Nestle started producing Kit-Kat’s in 1937, another large company named Mondelēz started making their own chocolate candy in the same shape called Kvikk Lunsj (pronounced Quick Lunch). This chocolate candy is very popular in Norway. Both companies existed in relative harmony until Nestle tried to assert ownership of the 4 finger shape about 16 years ago.
We live in an age where there are relatively few barriers to entry for any industry. It’s more important than ever that #entrepreneurs try to protect their intellectual property often and early. Luckily in the United States, we operate on a first-in-time basis to establish ownership of a trademark. If you want to get a head start on trademarking your ideas, pickup my FREE Trademark Toolkit. It will give you tips and tricks to make your idea stand out in your industry. Grab it today!
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