Nestlé raises bar in KitKat trademark dispute

Nestlé was told that its KitKat bars were not distinctive enough to be trademarked
Nestlé was told that its KitKat bars were not distinctive enough to be trademarked
JAMES GLOSSOP/THE TIMES

Nestlé has decided against taking a break in its long-running battle to register a trademark for its four-fingered KitKat chocolate bar in Britain.

The Swiss confectionery group said that it would appeal a High Court decision yesterday that its KitKat bars were not distinctive enough to consumers to be trademarked.

The court’s decision could pave the way for other manufacturers, including Nestlé’s arch rival Cadbury, to manufacture a similarly shaped four-finger chocolate bar.

Nestlé said: “KitKat is much loved and the iconic shape of the four-finger bar, which has been used in the UK for more than 80 years, is well known by consumers. We believe that the shape deserves to be protected as trademark in the UK and are disappointed that the court did