Nestle in January 2013 won a trademark lawsuit against Cadbury on the rights over the four fingered and three dimensional shape of the KitKat Chocolate Bar. Nestle got the shape of KitKat registered in the year 2006 and soon after this Cadbury tried to invalidate the registration of Nestle with a claim that the trait of product shape cannot be trademarked.
The battle was won at the UK's Community Trade Mark Office and with this decision confectioners would not be allowed to sell any of their products in the same shape across the European Union. Cadbury initially was successful in winning its appeal but after the claim from the trademark regulators the decision was overturned. As per the regulators claim the four-bar structure used by nestle is something, with which the customers worldwide are able to associate themselves to the brand.
The battle was won at the UK's Community Trade Mark Office and with this decision confectioners would not be allowed to sell any of their products in the same shape across the European Union. Cadbury initially was successful in winning its appeal but after the claim from the trademark regulators the decision was overturned. As per the regulators claim the four-bar structure used by nestle is something, with which the customers worldwide are able to associate themselves to the brand.
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