Tuesday 6 December 2016

Kit Kat shape cannot be registered as trademark, Nestle told after Cadbury objection

Brian Farmer

Published 20/01/2016 | 14:35

The judge considered the issues relating to the 'distinctive character' of a four-finger Kit Kat
The judge considered the issues relating to the 'distinctive character' of a four-finger Kit Kat

A High Court judge has given the thumbs-down to a bid by Nestle to register the shape of its four-finger Kit Kat as a trademark.

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Mr Justice Arnold analysed the confectionery giant's application after rival Cadbury objected.

He considered the issues relating to the "distinctive character" of the "three-dimensional shape" at a High Court hearing in London earlier this month and ruled against Nestle on Wednesday.

The judge began deliberating on the dispute in 2014 - but had a break to allow judges in Europe to consider legal issues.

He said aspects of European trademark law were ''unclear'' and that he wanted clarification from the Court of Justice in the European Union before coming to a decision.

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