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KitKat have been denied the right to trademark the four finger biscuit

Nestlé, the makers of the ‘KitKat’ bar were unsuccessful again in their attempt to trademark their four-fingered bar. The court of appeal ruled against Nestlé in its battle with Cadbury over whether the shape of its snack should be protected by law in the UK.

Their argument for trademarking was that the four finger bar has been associated with KitKat since the company was launched in 1935, citing a survey that showed 90% of people associated an unbranded four fingered bar with KitKats.

The denial has come as a surprise to some as its four-finger shape has been granted trademark registration in many countries around the world including Germany & France in Europe and South Africa, Canada & Australia outside of Europe.

In the ongoing battle of confectioners, which has now been going on for a decade, the latest victory belongs to Cadbury’s.

Nestlé is understandably disappointed and are said to be considering their next move which could be to take the case to the Supreme Court.

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