Nestlé´s KitKat brand failed EU court to be registered as a European Trademark. The Swiss company has to go the hard way and try to register the brand in all single countries. Nestlé tried to register the three-dimensional shape as a European trademark. The court said that none of the evidence taken into consideration by the European Union Intellectual Property Office (EUIPO) establishes use of the mark in respect of bakery products, pastry, cakes and waffles.