Nestle bid for four-finger KitKat trademark gets thumbs down
Appeal court judges ruled against the chocolate maker after rival Cadbury objected.
A bid by Nestle to register the shape of the four-finger KitKat chocolate bar as a trademark has been given the thumbs down by Court of Appeal judges.
Nestle bosses mounted a challenge in the Court of Appeal in London after a High Court judge ruled against them.
They say the KitKat shape is “iconic” and deserves protection.
Mr Justice Arnold analysed Nestle’s application after rival Cadbury objected and considered issues relating to the “distinctive character” of the “three-dimensional shape”.
He ruled against Nestle after a High Court hearing in London in January 2016.
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.