Chocolate wars: Nestle loses bid to trademark KitKat shape

AP News
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Posted: Jan 20, 2016 11:33 AM

LONDON (AP) — Nestle has lost a long-running court battle to trademark the four-finger shape of its KitKat chocolate bar in Britain.

The Swiss food giant first tried to register the trademark in 2010, but the application was opposed by rival chocolate maker Cadbury U.K. Ltd.

The case was previously dismissed by other courts including the European Court of Justice. Britain's High Court on Wednesday upheld those decisions, ruling that the shape of a KitKat bar has not "acquired a distinctive character" enough to satisfy trademark requirements.

Nestle said it was disappointed by the ruling and planned to appeal the decision.

It argued that the shape of the four-finger snack has been used in Britain for more than 80 years and is well-known to consumers.

"We believe that the shape deserves to be protected as a trademark in the U.K. and are disappointed that the court did not agree on this occasion," the company said.

It's not the first time Cadbury and Nestle have tussled over confectionery in a British court. In 2013, Nestle won a court battle over Cadbury's attempt to register the purple shade of its chocolate wrappers as a trademark.