So KitKat loses its right in its four-fingered shape as the European Intellectual Property Office annuls trademark. The reason being that the brand had not gained sufficient distinctive character throughout enough of Europe’s member states. It was a yes from Denmark, Germany, Spain, France, Italy, the Netherlands, Austria, Sweden, Finland and the UK. An a no from countries including Belgium, Ireland, Greece and Portugal. This means that other confectionery companies could choose to imitate the bar’s famous – at least in some places – format. KopyKats allowed, it seems.