Chocolate wars: Nestle loses bid to trademark KitKat shape

KitKat’s company Nestle say they plan to appeal the decision after Mr Justice Arnold rejected the application on Wednesday after rival Cadbury objected.

It follows a judgement by the European Court of Justice in September previous year which also ruled the shape alone was not unique enough to warrant a coveted trademark.

Swiss food giant Nestlé will appeal a High Court ruling that blocked its attempt to trademark the shape of its four-bar KitKat in the UK.

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“We believe that the shape deserves to be protected as a trademark in the United Kingdom and are disappointed that the court did not agree on this occasion”, the company said.

The ruling means that competing companies cannot use the brand name but could produce similar-shaped chocolate bars.

“A spokeswoman added: “(It) is in line with our contention that the shape of the KitKat bar is not distinctive enough to be protected as a trademark”.

She said the judge had concluded that in order for a trademark to be granted it had to be shown that a “significant proportion of the public would rely on the shape as opposed to any other trademark”. “Allowing registration of the KitKat shape would have given Nestle a valuable monopoly and competitive advantage”.

The four finger KitKat bars have been made in Britain since 1935.

Since 2013, Nestlé’s attorneys have been told no three separate times in their bid to trademark the Kit Kat’s shape, but today England’s High Court finally got its chance to weigh in and (presumably) huff, “Give me a break”.