KitKat is of course known for its slogan: Have a break, have a …. And also for the form of its bar: two or four bars that are attached to each other.
Is KitKat the only one entitled to sell such bars? Nestlé, owner of KitKat, will obviously say yes. Which we understand as Nestlé made this form distinctive for KitKat. Nestlé registered several bars as three-dimensional marks in, for example, the European Union (although a cancellation case has been filed against the two twin bars).
You can however argue whether these bars are a valid 3D mark or are just very common. And that’s what happens, worldwide. With a difference in results. Nestlé has been recently successful in South Africa where they won a case against a similar 2- and 4 bar of Tiffany Break.
In Singapore however, Nestlé lost a lawsuit for the High Court against the below bar. The only thing Nestlé can do is vigorously defend its 3D marks. Otherwise, it will be as common as the red colour of coke.
Source: Confectionary News.com
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“Trademark protection gives freedom to do business.”