Nestle denied trademark on four-fingered KitKat shape
Britain’s high court rules that the bar is not distinctive enough
LONDON— Nestlé has lost a long-running court battle to trademark the four-finger shape of its KitKat chocolate bar in Britain.
The Swiss food giant first tried to register the trademark in 2010, but the application was opposed by rival chocolate maker Cadbury U.K. Ltd.
The case was previously dismissed by other courts including the European Court of Justice.
Britain’s high court upheld those decisions on Wednesday, ruling that the shape of a KitKat bar has not “acquired a distinctive character” enough to satisfy trademark requirements.
Nestlé said it was disappointed by the ruling and planned to appeal the decision.
It argued that the shape of the fourfinger snack has been used in Britain for more than 80 years and is well-known to consumers.
“We believe that the shape deserves to be protected as a trademark in the U.K. and are disappointed that the court did not agree on this occasion,” the company said.
It’s not the first time Cadbury and Nestlé have tussled over confectionery in a British court. In 2013, Nestlé won a court battle over Cadbury’s attempt to register the purple shade of its chocolate wrappers as a trademark.