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Court of appeal ruling in KitKat case is a blow for Nestle

17 May 2017

Tania Clark, partner and trade mark attorney said:

“This decision is a blow for Nestle and its attempt to register a trade mark for the four-fingered shape of its KitKat chocolate bar, which began in 2010, has been rejected by the Court of Appeal.

“The Court of Appeal’s decision means rival manufacturers such as Cadbury can start making and selling products that look similar, with a reduced risk of litigation.

“This case highlights the difficulties that often accompany attempts to obtain commercial protection for the shape of a product. To secure trade mark protection, it would be necessary to prove that the shape of a product alone is enough to denote a brand in the mind of the consumer.”

“Despite today’s ruling, this may not be the end of the matter, however. Nestle feels strongly about the matter and depending on whether there are legal grounds, they could apply for leave to file an appeal to the Supreme Court.”


If you require further information on anything covered in this briefing, please contact Tania Clark ( ; +44 207 940 3600) or your usual contact at the firm.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Withers & Rogers LLP, May 2017