Nestle has lost its Kit Kat chocolate bar battle in Europe.
The company was hoping to trademark the signature shape of its four finger chocolate-coated wafer bar.
Cadbury, owned by Mondelez, wants to produce a similar bar and the two companies went to court in London and in the European Court of Justice to battle over that right.
Nestle has failed since 2010 to trademark the unique look of its candy bar in the United Kingdom.
Nestle said it will appeal the latest ruling. “We believe that the shape deserves to be protected as a trademark,” a spokesperson said in a statement.
A Mondelez spokesperson said the latest ruling “is in line with our contention that the shape of the Kit Kat bar is not distinctive enough to be protected as a trademark.”
Kit Kat bars have been available in Britain since 1935 with the slogan: “Have a Break, Have a Kit Kat.”
In the past Nestle used the courts to stop Cadbury from trademarking its particular shade of purple color.