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Nestle Loses Bid To Trademark Kit Kat Shape

January 19, 2016 | Nick Montano

Britain's High Court today again refused to allow Nestlé to trademark the "shape of a four finger chocolate-coated wafer," better known as the Kit Kat bar.

Cadbury, owned by Mondelez, and other rivals want to produce a similar candy bar. The two companies have gone to court in London and in the European Court of Justice. In the UK, Nestlé has failed since 2010 to trademark the shape.

The Swiss chocolate giant said it will appeal the latest ruling. "We believe that the shape deserves to be protected as a trademark," a spokesperson said in a statement.

A Mondelez spokesperson said the latest ruling "is in line with our contention that the shape of the Kit Kat bar is not distinctive enough to be protected as a trademark."

The four finger Kit Kat bars have been made in Britain since 1935. The advertising slogan used to market the chocolate is: "Have a Break, Have a Kit Kat."

Hershey makes the Kit Kat for the U.S. market.