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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.

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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.

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