Thu09212017

LAST_UPDATEThu, 21 Sep 2017 10am

Cadbury Wins Latest Trademark Battle With Nestlé Over KitKat Shape

Cadbury has struck a successful blow in its long-running legal battle with rival Nestlé over trademarks.

The Swiss group had applied to register a trademark for its distinctive, four-fingered KitKat bar but it was turned down by Court of Appeal judges after a High Court judge had previously ruled against the firm.

Nestlé argues that its KitKat shape is "iconic" and deserves protection but Cadbury objected.

The High Court ruled against Nestlé in January 2016 after which a panel of three judges considered the case in the Court of Appeal earlier this year before the result was published today.

Nestlé said it was disappointed with the latest ruling and was considering its next steps.

The company added: "This judgement does not mean that our four finger-shape is now free for use in the UK or elsewhere.

"KitKat is much loved around the world and its four finger-shape is well known by consumers.

"(The) shape has been granted trademark registration in many countries of the world, for instance Germany, France, Australia, South Africa and Canada, further protecting it from imitations."

Nestlé originally registered the shape of its chocolate bar in 2006 prompting Cadbury to apply to cancel the registration which it won in 2012.

A very similar bar is on sale in Norway called called Kvikk Lunsj, which means "quick lunch" and has been around since 1937.

A previous legal battle between the companies saw with Cadbury trying to trademark the shade of purple used on wrappers of its Dairy Milk bars.

Nestlé campaigned against this and won the case.

Mondelēz International, which owns the Cadbury brand, said: "We are pleased with the Court of Appeal's decision today and welcome their conclusion.

"As we have previously stated, we do not believe the shape of the KitKat bar should be protected as a trade mark in the UK."

-Birmingham Mail