Nestle said it is “perplexed” and “confused” as to why it has lost a UK trademark ruling to protect the unique shape of its Kit Kat chocolate bar after claiming victory in the EU earlier this year.
In January, Nestle won an appeal to protect the shape of Kit Kat in the European Union, overturning a previous ruling in favour of Kraft Foods-owned Cadbury. It was the latest round in an ongoing tit-for-tat trademark dispute between Nestle and Cadbury.
This EU ruling meant that Nestle was awarded a trademark for its Kit Kat shape that is applicable across all 28 EU member states, including the UK. However, the UK Intellectual Property Office’s (IPO) decision has now thrown confusion over the trademark decisions.
A spokesperson for Nestle said: “Kat Kat was launched over 75 years ago and is one of the most iconic shapes of any chocolate bar, recognised around the World. In December last year, Nestle won a EU ruling on the validity of their EU wide trademark registration for the 4-Finger Kit Kat shape so we are perplexed and disappointed with this national decision by the UK Intellectual Property Office. The UK is the birthplace of Kit Kat and we are assessing whether to appeal.”