but wednesday 's judgement found that a previous court had been right to annul the decision by europe 's trademark group .
the norwegian bar has been made since 1937 , a mere two years after kit kat - originally called rowntree 's chocolate luxembourg ( reuters ) - a long - running legal battle between global chocolate giants over the shape of kitkat finger wafers was sent back to the eu ’s trademark office on wednesday after judges dismissed appeals by both companies .
a tale of four fingers british and us readers may not even have heard of kvikk lunsj .
the luxembourg court found that nestle had failed to show that consumers in enough eu countries recognized the shape as distinctive but also dismissed an appeal by mondelez against some of the grounds for a lower eu court ruling in 2016 that had found the euipo was wrong to reject the u.s. firm ’s complaint .
nestlé has spent more than a decade fighting to trademark the four - fingered wafer shape - something that rival cadbury had fought hard against .
nestlé believes it owns the shape of four - finger chocolate - covered wafer biscuit over objections raised by mondelez ( mdlz.o ) of the united states .
taste - testing from the guardian newspaper last year concluded that kvikk lunsj was , in fact , the superior product .
its chocolate has a different flavour from the kit kat , similar to parent company mondelez 's milka brand .
image caption have a break for a quick lunch ?