Nestle has lost an appeal in a trademark case over the shape of the Kit Kat bar.
The whole case, before a court in Singapore, revolved around the question: “Are the two-finger and four-finger shapes of Kit Kat chocolate bars entitled to trademark protection (in Singapore) and can it be used to effectively stop others from marketing goods of a similar shape?”
Short answer: “no”.
Kit Kat chocolate bars are manufactured by Swiss food and beverage giant Nestle.
Nestle had registered the two-finger and four-finger shapes of its Kit Kat bars as trademarks in Singapore. It sued a company named Petra, which makes similarly shaped chocolate wafers marketed under the brand Take-It, for trademark infringement.
Petra counter-sued, arguing that the shapes registered by Nestle cannot be considered trademarks.
The court ruled that Nestle’s shapes lacked inherent distinctiveness and had not acquired distinctiveness through use.
The court also stated that the shape of Kit Kat bars cannot be granted trademark protection as the shape is necessary to obtain a technical result. Petra’s lawyers had argued that the shape was necessary for efficient mass production.
Source: The Jakarta Post
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