Brussels, Jun. 22 - The European Union's highest court Thursday rejected German confectioner August Storck KG's bid to trademark the shape and packaging of its Werther's Original toffee candy.
The European of Court of Justice in Luxembourg said the candy's shape and wrapping weren't distinctive enough to be protected under E.U. trademark rules. In a statement, the court said "the mark applied for does not depart significantly from the norm or customs of the confectionery sector."
The court's decision ends a three-year legal skirmish that began when the E.U.'s trademark agency rejected Storck's application to protect the Werther's Original oval shape and gold packaging.
Storck first lost an appeal against the trademark agency's decision in 2004 at the European Court of First Instance, Europe's second-highest court.
The lower court ruled in favor of the trademark body -- the Office for Harmonisation in the Internal Market -- noting that the toffee's shape and twisted wrapping were too basic and similar to that of other candies.
The case before the Court of Justice represented Storck's last possible appeal.