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Nestlé has been given a two-fingered salute in its attempt to trademark the shape of a Kit Kat chocolate bar.

The food giant had asked Europe to intervene on its attempts to trademark its four-finger KitKat bar in the UK but has been told it does not comply with European law.

The decision by the advocate general is not legally binding, but their opinions are nearly always followed by judges at the European Court.

Nestle had tried unsuccessfully to trademark the snack at the High Court in 2013.

The company claimed that in the 80 years since the chocolate bar was introduced, the four fingers had become almost completely associated with KitKats.

They also argued that if people were shown a picture of the snack without the wrapper on, 90 per cent of respondents mentioned KitKat in their reply.

Cadbury had tried to block the move originally, leading to the subsequent court hearings.

If successful, the trademark would have meant no other confectionery producer could make chocolate bars of the same shape or size.

There are few other other four-fingered chocolate bars for sale in the UK.

Kvikk Lunsj, meaning "quick lunch", launched in Norway in 1937 and is available to purchase in some stores across Britain, as is Leo.