Nestlé’s Four-Finger Chocolate Bar Not Entitled To Trade Mark Protection
Nestle’s attempt to trademark the KitKat shape was denied in England. The British High Court ruling on Wednesday was the culmination of the long legal battle between Nestle and Cadbury over the shape of the four-fingered candy bar. Judge Richard Arnold found that the shape wasn’t distinctive enough to warrant a trademark.
Arnold concluded that the shoppers weren’t likely to confuse KitKats with similarly shaped chocolate bars because of the distinctive packaging. “In these circumstances it seems likely that consumers rely only on the word mark KitKat and the other word and the pictorial marks used in relation to the goods in order to identify the trade origin of the products,” he said. “They associate the shape with KitKat (and therefore with Nestlé), but no more than that.”
After the ruling, a Nestlé spokesman said: “KitKat is much loved and the iconic shape of the four-finger bar, which has been used in the UK for more than 80 years, is well known by consumers.
“We believe the shape deserves to be protected as a trademark in the UK and are disappointed that the court did not agree on this occasion. We are taking the necessary steps to appeal this judgment.”
