Gimme a Break: Kit Kat Loses Trademark Battle Over Shape of Chocolate Bar

Gimme a Break: Kit Kat Loses Trademark Battle Over Shape of Chocolate Bar

Nestlé tried to trademark the shape of its popular Kit Kat bar overseas, but it just couldn’t get a break. After a UK court recently denied the company’s attempt to trademark the “shape of a four finger chocolate-coated wafer,” the British High Court also similarly refused to allow the trademark last week. In the case, Nestlé cited a survey that stated 90% of the participants recognized the bar as a Kit Kat when they saw it, without any wrapping. The court said that the bar’s shape was recognizable—but only in conjunction with the name that is printed on the bar. 

Could you recognize any other candy bars outside their packaging? Read more about Kit Kat.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

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