Nestle has failed in an attempt to make KitKat the one true breakaway wafer chocolate bar in Great Britain.
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The Swiss food giant first tried to register the trademark in 2010, but the application was opposed by rival chocolate maker Cadbury, the biggest United Kingdom chocolate maker.
Wednesday’s judgment follows September’s ruling from the European Court of Justice that the KitKat’s shape was not distinctive enough.
“We believe that the shape deserves to be protected as a trademark in the United Kingdom and are disappointed that the court did not agree on this occasion”.
This is the latest decision in something of a chocolate turf war between Nestle and Cadbury. It contends that the four-finger snack has been utilized as a part of Britain for over 80 years, is surely understood to buyers and that its shape should be secured in the United Kingdom. It’s the world’s third-biggest chocolate brand.
Nestle, which is based in Switzerland and bought Rowntree in 1988, sells about £40million worth of KitKats a year in the UK.
Its case was not helped by the existence of a similar Norwegian bar, called Kvikk Lunsj, which means “quick lunch” and has been around since 1937.
But in 2013, the Court of Appeal overturned the High Court decision ruling that Cadbury did not comply with requirements for its registration.
Cadbury bosses said they were pleased with the ruling.
Judge Richard Arnold found that the shape wasn’t distinctive enough to warrant a trademark, according to CBS.
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A win here would’ve given Nestlé a monopoly of sorts on break-apart chocolate bars, which (in addition to a crucial moral victory) is another reason why Cadbury was so keen to fight.
