After months of deliberation, Nestlé has lost the latest round of its trademark battle with Cadbury in the UK. Nestlé believes they should be able to trademark the shape of the KitKat to prevent competitors, such as Cadbury, from making the same product but the court of appeal ruled that the four-finger design had “no inherent distinctiveness”. The 16,000 word ruling also claimed that the KitKat shape was not a “badge of origin”.
Nestlé and Mondelēz, the US owner of Cadbury, have been battling over the KitKat trademark for seven long years. and this is just the latest in the trial.
Nestle’s appeal followed a UK high court ruling in January last year that blocked the trademark attempt. The European court of justice had previously found that the four-fingered shape, breaking apart with a snap, was not distinctive enough to merit a trademark and that such a designation would not comply with European law.
However, a Nestlé spokesperson indicated the Swiss firm was not necessarily prepared to give up, saying it was considering its next move. The company could potentially try to take the case to the UK supreme court.