The UK subsidiary of rival chocolate manufacturers Nestlé and Mars were at London’s High Court yesterday [Wednesday] arguing over Nestlé’s fight to register the phrase “Have a break” as a trademark.

Nestlé, which makes the KitKat chocolate bar, wants to have the phrase recognised as a registered trademark to prevent rivals from making a chocolate bar called “Break” or “Have a break” that might lead consumers to think that the new bar is related to KitKat.

Nestlé’s first attempt to register the phrase was turned down in May, despite the fact that Nestlé’s phrase “Have a break – Have a KitKat” is already registered as a trademark following a long-running advertising campaign. Nestlé is now appealing against the outcome of their previous attempt.

Nestlé claims that a substantial number of members of the public replied: “Have a KitKat” when prompted with the phrase “Have a break”.

Mars, Nestlé’s rival in the chocolate market, has opposed the application for registration, reported the Evening Standard.

As the judge rose for the lunchtime recess, he joked: “I won’t suggest we have a break but I will suggest we adjourn.”

The case continues.