Originally posted 2013-03-05 16:20:10.
By Tasha Schmidt | amdlawgroup.com
When you think of a KitKat, what do you think of? Do you automatically think of the candy bar and imagine the “four-fingered shape?” This is what the latest ruling decided by the Board of the Appeal at the EU’s Community Trade Mark Office established. As result of this ruling, rival companies, which are producing similar types of candy bars and chocolates, will not be allowed to use the design. It was decided that the four-fingered shape, created in 1935, is now exclusively only to be associated with Nestle and this is the way it will stay.
Nestle had previously already trademarked the KitKat shape in 2006. However, Cadbury decided to fight back by appealing against the application, which turned into a seven-year long legal battle. In the case of Nestle and their KitKat, the four-fingered design was so heavily associated with their chocolate bar that it had become an automatic association with their customers, and it made sense for the shape to be registered as a trademark. I am sure that the next time you eat a KitKat you will make sure to notice its unique shape, if its not the first thing you don’t already notice. It is an interesting thought to take your favorite product, and then think about what you first associate that product with.
AMD Law is there to assist you in protecting your intellectual property and trademark needs.
Mail Online, http://www.dailymail.co.uk/news/article-2256648/Cadbury-thwarted-KitKat-design-Nestle-wins-battle-prevent-rivals-copying-fingered-bar.html#ixzz2HIhr7A8N