A London court penultimate Wednesday, May 17, 2017 has rejected an attempt by Nestle to trademark the distinctive four-fingered shape of the KitKat chocolate bar in Britain, reports NaijaAgroNet.
According to The Washington Times, the four finger KitKat bar, which is characteristic of Nestle’s Kit Kat bar not a trademarkable feature, the Court of Appeal ruled Wednesday, in what the BBC described as “the latest twist in a decade-long UK chocolate wars saga between Nestle and Cadbury.”
NaijaAgroNet recalls that issue at stake has been the sale in the U.K. of the Norweigan candy bar, Kvikk Lunsj, which also has a four-finger shape, although its packaging is distinctive and not readily confused with that of the Kit Kat bar.
The UK court affirmed the evidentiary findings of a lower court, which had rejected Nestle’s claim for trademark protection.
“As the Hearing Officer said here, trade marks are intended to permit consumers to make informed choices between the competing goods of different undertakings in the course of trade,” Lord Justice David Kitchin wrote for the court. “The shape of the KIT KAT bar has not been used to promote or market KIT KATs in recent times. It has nothing, therefore, to do with the informed choices that consumers make between similar products.”
For its part, Nestle suggests the ruling is out of step with legal protections in other country where Kit Kat is sold.
“Nestlé’s four-finger shape has been granted trademark registration in many countries of the world, for instance,” The Washington Times reported.
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