Nestlé’s Community Trademark for KitKat® Shape Upheld

According to a news source, the United Kingdom’s Community Trade Mark Office has determined that the shape of a KitKat® bar, which Nestlé registered as a community trademark in 2006, is valid, thus barring any other confectioners from selling products with a similar shape in the European Union. Nestlé competitor Cadbury makes a similar product and sought to invalidate the mark shortly after it was registered, claiming that the trait was too general to be protected. Cadbury is reportedly considering whether to appeal the ruling. See Huffington Post, January 3, 2013.