Nestle, the Swiss food and beverage company, has lost its bid to trademark the shape of “KitKat” in UK. The decision would open ways for competitors, to produce a similar shaped chocolate bar.
According to BBC, Britain High Court in its latest ruling has denied Nestle the right to trademark its four-fingered KitKat in the UK. Cadbury, the Mondelez owned confectionary giant wants to manufacture a similar shaped bar.
It is a long running case, both Nestle and Cadbury, have gone to court in London and in the European Court of Justice.
Nestle said in a statement: "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. "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,” the company said.
According to CNN, A Mondelez spokesperson said the ruling "is in line with our contention that the shape of the Kit Kat bar is not distinctive enough to be protected as a trademark."
The KitKat bars have been made in Britain since 1935. The advertising slogan used to market the chocolate is: "Have a Break, Have a Kit Kat."
Nestle has a past of registering out difficult trademarks. It took Nestle, more than 40 years to register the mentioned slogan as a trademark, but succeeded in 2006.
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