No break for Kit Kat in trademark case

(CNN) – The folks at Kit Kat are probably thinking, “Gimme a break.”

The European Court of Justice dealt Kit Kat-maker Nestle a major setback in its effort to trademark the shape of the candy bar.

Europe’s top court dismissed an attempt by Nestle to overturn a ruling that it had not done enough to prove the bar's shape – four wafers covered in chocolate -- deserved legal protection.

Nestle has been fighting the trademark case for more than a decade, trying to prevent others candy makers from replicating the shape of its wafer.

The Swiss food and drink company originally secured a trademark for the shape from the European Union Intellectual Property Office in 2006.

But that decision was disputed by rival confectionery firm Cadbury, which has since been acquired by Mondelez.

Following the decision, Nestle said it was determined to keep fighting, and that the "distinctive shape" of its Kit Kat was deserving of protection.

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