Nestle refuses to take a break in Kitkat trademark bid

Swiss food giant Nestlé will appeal a High Court ruling that blocked its attempt to trademark the shape of its four-bar KitKat in the UK.

The court ruled that without any of its packaging or branding, Nestlé's KitKat was not instantly synonymous with the four-bar shape.

Mondelēz-Kraft's four-bar Kvikk Lunsj, Norwegian for “quick lunch”, is available in some UK shops.

Wednesday's judgment follows September's ruling from the European Court of Justice that the KitKat’s shape was not distinctive enough.

Cadbury, which is owned by Mondelēz, began battling Nestlé’s KitKat trademark attempts in 2010 after Nestlé blocked Cadbury’s effort to trademark the shade of purple used for its chocolate wrappers.

The first manufacture of the four-finger wafer sold in London as Rowntree’s Chocolate Crisp, with the rebranding to Kit Kat Chocolate Crisp in 1937, according to Rowntree folklore, inspired by a pie shop owned by pastry chef Christopher Catling. Rowntree was acquired by Nestle in 1988.

After the ruling, a Nestlé spokesman said: “KitKat is much loved and the iconic shape of the four-finger bar, which has been used in the UK for more than 80 years, is well known by consumers.

“We believe the shape deserves to be protected as a trademark in the UK and are disappointed that the court did not agree on this occasion. We are taking the necessary steps to appeal this judgment.”

Mondelez in 2013 said they had no ‘immediate’ plans to launch a similar product in the UK.