By using this service and related content, you agree to the use of cookies for analytics, personalised content and ads.
You are using an older browser version. Please use a supported version for the best MSN experience.

Nestle loses court battle to trademark 'iconic' four-finger KitKat bar

Evening Standard logo Evening Standard 17/05/2017 Jonathan Mitchell

Nestle has lost its appeal to register the shape of the four-finger KitKat chocolate bar as a trademark.

The Court of Appeal ruled against the confectionary firm trademarking the chocolate bar following a long-running legal battle with Cadbury.

Nestle launched the challenge, saying the KitKat shape is "iconic" and deserving of protection.

Bosses mounted a challenge in the Court of Appeal in London after a High Court judge ruled against them in January.

Their attempts had already been dismissed by an EU court last year.

In a statement released following the ruling, Nestle said it is considering its response to the court’s decision.

It read: “Nestle is disappointed by the court of appeal judgement and is considering next steps.

“KitKat is much loved around the world and its four-finger shape is well known by consumers. Nestlé’s four-finger shape has been granted trademark registration in many countries of the world, for instance Germany, France, Australia, South Africa and Canada, further protecting it from imitations.”

Mr Justice Arnold analysed Nestle's application after rival Cadbury objected and considered issues relating to the "distinctive character" of the "three-dimensional shape".

Three appeal judges analysed the case early this year and dismissed Nestle's challenge on Wednesday.

Their written 124-paragraph ruling featured images of the four-finger KitKat and its wrapper.

Nestle could now take the case to the supreme court.

© Provided by Independent Print Limited © Provided by Independent Print Limited

More from Evening Standard

image beaconimage beaconimage beacon