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Cadbury's two fingers to Kit Kat

By Oliver Duggan

In a two-fingered rebuke to its biggest rival, Cadbury has delivered a major snub to the Swiss confectioners Nestle by blocking its attempt to trademark the shape of its world-famous Kit Kat bar.

It may be one of the most recognisable chocolate bars in the world, but the Intellectual Property Office has ruled that – while fans recognise the "fingers and grooves" identity of the Kit Kat – the style aspect of the design was not the primary reason they bought it.

Siding with the argument which was brought by Cadbury, the ruling officer said that the snappable lengths of wafer were designed to aid portioning, while it was the brand that drove global sales.

The argument means Cadbury could be free to introduce a rival "breakable" bar in the UK. It presents an unusual complication for Nestle, which has successfully gained a registered trademark on the bar's appearance at European Union level.

The Kit Kat furore marks the latest in a series of bitter battles over chocolate-linked trademarks.

Last year, Cadbury bested its rivals by successfully claiming legal rights over the distinctive deep purple colour of its Dairy Milk packaging.

Belfast Telegraph


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