Nestle says it will appeal a decision from the UK High Court after its bid to trademark its four-finger KitKat bar was rejected.
The ruling is the latest in a long-running battle in which Nestle claims the shape of the bar should be recognised as a trademark.
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Nestle first attempted to gain UK trademark protection for the shape of its four-fingered KitKat bar in 2010. The move was contested by Cadbury. A court in 2013 rejected Nestle’s trademark bid saying it was “devoid of inherent distinctive character,” which the food giant then appealed.
In September last year, Nestle lost the same case at the European Court of Justice, with the court ruling the shape itself is not distinctive enough for consumers to associate it with the brand.
“KitKat is much loved and the iconic shape of the four-finger bar, which has been used in the UK for more than 80 years, is well known by consumers,” a spokesperson for Nestle told just-food. “We believe that the shape deserves to be protected as a trade mark in the UK and are disappointed that the court did not agree on this occasion. We are taking the necessary steps to appeal this judgment.”
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