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Europe's top court has dealt Nestle a major setback in its effort to trademark the shape of the four-finger KitKat.
The European Court of Justice (ECJ) dismissed an attempt by Nestle to overturn a ruling that it had not done enough to prove the chocolate bar's shape deserved legal protection.
The ECJ said the European Union Intellectual Property Office should now reconsider its decision to grant the company a trademark in the first place.
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Paul Berwin, a senior partner at Berwins Solicitors, said the ruling is likely to cost Nestle its trademark.
"Nestle would have to come up with some new argument [to keep the trademark]," he said.
Nestle (NSRGF) has been fighting the trademark case for over a decade, trying to prevent other chocolate makers from replicating the shape of its iconic wafer.