We all know what it looks like – the Kit Kat chocolate bar. Those “fingers of goodness”. But are they well known enough to become a trademark?
Apparently there is a legal dispute over the three dimensional shape of Kit Kats. Cadbury has taken on Nestle to prevent them protecting the shape as a registered brand. This comes after the Cadbury-Nestle ding-dong over the former wanting to trademark the colour purple. I for one hope they don’t get to own it because I have a room in my home resplendent in purple which my kids call the Cadbury Room.
The Kit Kat dispute has arisen from the UK Trademark Registry’s decision to accept the 3D trademark registration of Nestle’s Kit Kat on the basis that it is a very distinctive shape. The case has now gone all the way to the European Union Court of Justice. Will this application be to everyone’s taste?