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17 May 2017
A court has rejected an attempt by Nestle to trademark the distinctive
four-fingered shape of the KitKat chocolate bar in Britain. The Total Investment & Insurance
Solutions
The Court of Appeal says there is insufficient evidence that consumers
rely on the shape to identify the milk chocolate-coated wafer bar.
David Kitchin, one of the three judges, wrote that it was not enough
that "consumers merely recognize it and associate it with the applicant's
goods."
The Swiss food giant first tried to register the trademark in 2010, but
the application was opposed by rival chocolate-maker Cadbury. The Total Investment & Insurance
Solutions
Nestle said it was disappointed with Wednesday's ruling and was
"considering next steps," which could include an appeal to the
Supreme Court.
It said KitKat's shape has been granted trademark protection in countries
including Germany, France, Australia, South Africa and Canada.The Total Investment & Insurance
Solutions
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