Nestlé Tried to Trademark the Shape of a Kit Kat Bar and Failed

Staff Writer
Nestlé has attempted to trademark the “four-finger” shape of its Kit Kat bar but lost in a high-stakes court case in the UK
You want to trademark the shape of a candy bar? Give me a break, Kit Kat.

Nestle

You want to trademark the shape of a candy bar? Give me a break, Kit Kat.

Nestlé just lost a high-profile lawsuit across the pond concerning — of all things — the shape of a chocolate bar. Nestlé had filed a request to trademark the signature “four-finger” shape of the Kit Kat bar, but lost in Britain’s high court, much to the enjoyment of its chocolate-making rival, Cadbury.

The court ruled that the candy bar had not “acquired a distinctive character" in the public eye for it to warrant a trademark. Nestlé argued in response that the distinctive shape has been sold in Britain’s markets for over 80 years and deserves that recognition.

"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 in a statement following the ruling.

"It is in line with our contention that the shape of the Kit Kat bar is not distinctive enough to be protected as a trademark,” a Mondelez spokesperson said in a statement.

In 2013, Nestlé won a U.K. court battle over Cadbury’s attempt to trademark its candy wrapper’s signature purple color. 

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