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:

  • India retain top position in latest ICC Test rankings

    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 .
    Environment minister Anil Madhav Dave passes away at 60

    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.
    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 .
  • 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.
    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.
    Earnings Previews: Target Corporation And Wal-Mart Stores Inc

    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.
  • 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".
    Highland Capital Management LLC Has $256000 Position in Kinder Morgan Inc (KMI)

    Highland Capital Management LLC Has $256000 Position in Kinder Morgan Inc (KMI)

    Over the last three months, the shares of the company have changed -16.98% and performed -1.90% over the last six months. Investors of record on Monday, May 1st were given a $0.125 dividend. 106 funds opened positions while 309 raised stakes.
    General Motors to stop selling vehicles in India, focus on exports

    General Motors to stop selling vehicles in India, focus on exports

    GM's exports from India - mainly to Mexico and Latin America - almost doubled to 70,969 vehicles during the fiscal ended March 31. Talegaon production capacity now stands at around 1.3 lakh vehicles a year which can be further expanded to 1.7 lakh units.
  • 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.
    What Analysts Suggest About Fiat Chrysler Automobiles N.V. (NYSE:FCAU)?

    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.
    OnePlus 5 will capture 'some of the clearest photos around', apparently

    OnePlus 5 will capture 'some of the clearest photos around', apparently

    OnePlus has announced that they've teamed up with DxO to enhance the photography experience on their upcoming flagship. Other than that OnePlus 5 6GB RAM variant is likely to come in two storage options - a 64GB and 128GB built-in flash.


Most liked

Ainge's patience pays off with Celtics' draft lottery win
Whether or not any other player next to Thomas and Horford is enough to dethrone The King is a debate for another day. They were guaranteed no worse than the No. 4 pick to add to a team that had the best record in the East this season.

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 .

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.

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
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.

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.

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.

NCAA Midwest Regional: New Mexico Edges Ahead
Freshman Alejandro Del Rey Gonzalez was outstanding all three days and picked the best time to have his best tournament. He regained a stroke two holes later when he birdied the par-3 13th.

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.

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.

Gay rights supporters demonstrate in Russia's St. Petersburg
Only two have managed to secure visas while a handful have fled Russian Federation without visas. A statement in April from Human Rights Watch, however, echoed the earlier Novaya Gazeta report.

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.