'Remarkable' IPO ruling over Kit Kat design

The ruling made last month by the UK Intellectual Property Office that Nestlé could not protect the shape of its four-finger Kit Kat bar under trademark was remarkable for a number of reasons.

Firstly, it showed that despite the fact Nestlé pioneered the design of the Kit Kat more than 75 years ago, it was unable to rebuff a challenge from rival confectioner Cadbury’s over its trademark application.

Secondly, the ruling was entirely at odds with the verdict of the Community Trade Mark Office in December last year, when Nestlé was given exclusivity of the design of its product in 28 EU member states…

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