Nestle loses United Kingdom appeal on Kit Kat trademark

Nestle's said Kit Kat shape was

Nestle's said Kit Kat shape was"iconic

"This judgment does not mean that our four finger-shape is now free for use in the United Kingdom or elsewhere". Nestle was victorious in its attempt to block Cadbury from registering its distinctive purple color it uses to package its Dairy Milk chocolate bars. The EUIPO rejected the request, saying the shape had acquired "distinctive character".

'The Court of Appeal has today handed down its decision in one of several disputes between Nestlé and Cadbury relating to Nestlé's attempts to trade mark the shape of its four-finger bar.

Nestle had also failed in September 2015 to get the EU's top court, the European Court of Justice, to let it trademark the shape of the Kit Kat in Britain.

A spokesperson for Nestle said: "Nestle is disappointed by the Court of Appeal judgment and is considering next steps".

The most recent ruling can only be highly irritating for leadership at Nestlé, which has successfully trademarked the Kit Kat shape in Australia, Canada, France, Germany, and South Africa, among other places. "KitKat is much loved around the world and its four-finger shape is well known by consumers", said a spokesperson for Nestle.

Nestle has not sought to trademark the two-fingered bar.

The judge previously found the shape was made to aid production and consumption because the grooves meant the chocolate could be easily broken into portion sizes. It has nothing, therefore, to do with the informed choices that consumers make between similar products'. The General Court upheld the challenge by Cadbury UK.

Nestle had to argue that customers relied on the distinctive shape alone to identify the chocolate bars, a hard task, given that the brand name is clearly marked on the candy's packaging.

Swiss chocolate manufacturer Nestlé has been trying to prevent competitors from creating chocolate snacks that look like its own KitKat brand for a decade. At the time, it was called Chocolate Crisp.

Protecting shapes can be a hard task. Lego's figures are protected, but not the shape of its bricks. He works as an Online Marketing Consultant for, providing web marketing services for clients in Albany, Goldsboro.

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