Nestle fails to trademark four-fingered KitKat bar

Swiss maker of Kit Kat bar fails to secure UK trademark

The ruling is the latest in a 20-year battle between the two candymakers.

Nestle had argued that the shape of the famous snack was iconic and deserved protection.

But time after time, judges have thrown out the attempt.

As the BBC points out, a similar bar from Norway called Kvikk Lunsj has been around since 1937 and features the same four-fingered shape.

The ruling is the latest twist in a decade-long United Kingdom chocolate wars saga between Nestle and Cadbury.

Nestlé said that it was disappointed by the judgment and considering its next step.

"This judgment does not mean that our four finger-shape is now free for use in the United Kingdom or elsewhere", the company said in an emailed statement.

The most recent ruling can only be highly irritating for leadership at Nestlé, which has successfully trademarked the Kit Kat shape in Australia, Canada, France, Germany, and South Africa, among other places.

The maker of KitKat has failed in its attempt to trademark the shape of the chocolate bar in the UK. 'This judgment does not mean that our four finger-shape is now free for use in the United Kingdom or elsewhere.

However, following a challenge brought by Cadbury, now a subsidiary of Mondelez International, the trade mark was declared invalid in 2011. Cadbury won the claim in 2012.

Mr Justice Arnold had ruled against Nestle after a High Court hearing in January 2016, when he commented on a lack of samples.

The Norwegian chocolate bar standing in Nestle's way.

The ruling comes after months of deliberation. It concluded the shape of the KitKat was distinctive in the UK.

Lord Justice Kitchen said, "We are concerned here with... the three-dimensional shape of a chocolate bar, that has no distinctiveness".

In overturning a High Court ruling in Cadbury's favour, Sir John Mummery said: 'To allow a registration so lacking in specificity clarity and precision of visual appearance would offend against the principle of certainty.

"The court accepted that customers may recognise shapes, but confirmed that the key issue is whether customers rely on that shape, and that shape alone, to denote the commercial origin of the goods", said Shaw.

Swiss chocolate manufacturer Nestlé has been trying to prevent competitors from creating chocolate snacks that look like its own KitKat brand for a decade. Nestle took over Rowntree in 1988.

Even so, Nestle lost a similar court battle in an European Union court in 2015.

Related News:

  • Erdogan says Turkey can not lift state of emergency until fully calm

    The decision is meant to accelerate the operation to recapture the key Islamic State group stronghold of Raqqa. "We are not going to beg", he said.
    Father of singers Nick and Aaron Carter dead

    Father of singers Nick and Aaron Carter dead

    This is the second tragedy for the Carter family in recent years. "My heart is Completly shattered I'm in shock", he wrote". Nick Carter of the Backstreet Boys visits the Mix 106.1 Performance Theater on Sunday, Oct. 12, 2014, in Philadelphia.
    New 'Transformers: The Last Knight' Trailer

    New 'Transformers: The Last Knight' Trailer

    Will Transformers: The Last Knight , and the two planned sequels, live up to that success? Heroes will become villains. Yeager then travels to England to consult Hopkins' character about why the Transformers keep coming to Earth.
  • WWE Backlash: Early Betting Odds For Sunday's Show

    WWE Backlash: Early Betting Odds For Sunday's Show

    The Singh Brothers (then known as The Bollywood Boyz) had come into WWE as part of the cruiserweights but were then at NXT. Naomi hits Tamina with a wrecking ball dropkick and Carmella takes advantage to win the match with a roll-up.
    CBS pairs 'Big Bang' & spin-off; O'Brien re-ups with TBS

    CBS pairs 'Big Bang' & spin-off; O'Brien re-ups with TBS

    The Big Bang Theory just wrapped up it's tenth season on Thursday night, with the show returning with new episodes in the fall. "The Big Bang Theory" and its spin-off, " Young Sheldon ", are being paired together on CBS' 2017-2018 primetime schedule.
    ABC's 'The Little Mermaid' Live Musical Coming to TV in October

    ABC's 'The Little Mermaid' Live Musical Coming to TV in October

    However, it looks like ABC is ready to give one of Disney classics the live-action treatment with a musical spin. The collaboration with Rolling Stone is the latest such joint venture between the publishing world and TV.
  • State jobless rate edges up to 3.9 percent in April

    State jobless rate edges up to 3.9 percent in April

    The Massachusetts economy added 3,900 jobs in April, as the statewide unemployment rate ticked up to 3.9 percent. MA added 3,900 jobs in April, according to the preliminary job estimates from the Bureau of Labor Statistics.
    Aaradhya poses for camera as she leaves for Cannes with mom Aishwarya

    Aaradhya poses for camera as she leaves for Cannes with mom Aishwarya

    At Cannes Film Festival, in the year 2008, Aishwarya was again seen with Abhishek and she wore her famous smile. On the other-side, Aishwarya Rai is popular at worldwide level and it will be a big deal if she gives nod.
    PM Calls Up French President-Elect to Congratulate Him

    PM Calls Up French President-Elect to Congratulate Him

    Chinese President Xi Jinping congratulated Macron, saying China and France shared a "responsibility toward peace and development in the world".
  • Rex had 8000-pound chomping power, study says

    Rex had 8000-pound chomping power, study says

    A study published Wednesday in the journal Scientific Reports reveals the power of the animal's bite. After ensuring that the crocodile 3D model was accurate, they built a similar one for T. rex .
    Ashes player strike won't happen: Lehmann

    Ashes player strike won't happen: Lehmann

    Lehmann did admit that the players' would be distracted playing in the Champions Trophy but ruled out Ashes pullout. However, Lehmann is confident of sorting out the matter once the whole team gets together for the Champions Trophy.
    Bobby Moynihan leaving 'Saturday Night Live' for CBS sitcom

    Bobby Moynihan leaving 'Saturday Night Live' for CBS sitcom

    According to Deadline , Moynihan chose to leave after his sitcom Me, Myself, And I was picked up by CBS for a fall spot. The series, called "Me, Myself & I", follows one man's life in three different periods of his life.


Most liked

ICJ unanimously stays Jadhav's execution till final verdict
Pakistani Prime Minister Nawaz Sharif scheduled a national security meeting on Friday to discuss the court order . The ICJ, earlier, ordered Pakistan to halt the execution of the Indian spy until a final decision is reached.

Sheriff David Clarke Leaving to Accept DHS Job
According to an audit , which was completed in September 2012, the Milwaukee County Sheriff's Department did not violate the law. Clarke's successor will serve until the end of the current term in 2018.

India retain top position in latest ICC Test rankings
Australia finish third on this list, followed by their traditional rivals England who grab the fourth spot. India was the number 1 Test team after they won the Border-Gavaskar trophy defeating Australia .

World Health Organization arranging to send experimental Ebola vaccine to Democratic Republic of Congo
But, he added, "we have also learned never, ever to underestimate the Ebola virus diseases, and we will be remaining vigilant". He also said there are only 20 kilometres of paved roads in that area and virtually no functional telecommunications.

Five Guys named favorite burger chain, taking spot from In-N-Out
In the poll, the chain got an 81 percent familiarity rating among generation Z and millennials. In 2013, 48% of respondents were familiar with Five Guys, according to The Harris Poll .

Applications for US jobless aid fell to 3-month low of 232K
But a stock market sell-off, if sustained, amid uncertainty over Trump's political future could jeopardize further rate increases. The latest week's data covers the period used for the monthly employment survey for May, which will be released June 2.

Environment minister Anil Madhav Dave passes away at 60
He has also served as the BJP state Vice President for Madhya Pradesh. "My condolences", Prime Minister Narendra Modi tweeted. BJP president Amit Shah said Dave's contribution to Indian politics and environment conservation was incredible.

Google officially launches Google Assistant for iPhone
As well as nifty new services like Google Lens , which uses your smarpthone's camera to identify objects in the real world. Android Go is set to make its appearance in 2018 and will target Android devices with memories up to and including 1 GB.

What Analysts Suggest About Fiat Chrysler Automobiles N.V. (NYSE:FCAU)?
A rating of less than 2 means buy, "hold" within the 3 range, "sell" within the 4 range, and "strong sell" within the 5 range. The company reported $0.46 earnings per share for the quarter, topping analysts' consensus estimates of $0.41 by $0.05.

Kim sets mark at Players
Cabrera Bello threw his 8-iron high in the air, and it went into the water, though at least it could be retrieved. Hideki Matsuyama, Justin Thomas, Jon Rahm and Pat Perez round out the top five in the FedExCup standings.

New French prime minister took job because of 'unique' situation
Macron wants European militaries to work together more, and for eurozone countries to share a budget and tax rules. He supervised French military operations in Mali, Central African Republic, Iraq and Syria.

Earnings Previews: Target Corporation And Wal-Mart Stores Inc
Finally, Nelson Roberts Investment Advisors LLC increased its stake in Wal-Mart Stores by 27.2% in the third quarter. According to Thomson Reuters, sell-side analysts are forecasting a harmony target price of $74.90 on company shares.

Listen to T-Pain's Collab Project With Lil Wayne 'T-Wayne'
Check out the best #ThrowbackThursday surprise that 2017 has to offer yet with the full T-Wayne project below. The 8-song album features T-Pizzle singing and Tunechi rapping.

The cleanest and dirtiest railway stations in India
The station notched up a score of 661.5 marks out of 1,000 while Visakhapatnam railway station secured 853.1 marks. Darbhanga railway station in Bihar was the dirtiest among the busiest stations, reported by ht.

Mark Cuban admits Mavericks tanked at end of season
The headline on the Patrick radio show's own website read, Mark Cuban admits Mavs tanked this season. The NBA instituted the lottery the very next year.