The 4 finger Kitkat bar should not be allowed to be trademarked, based on a recent legal opinion of a senior European expert. This opinion fans the flames to an already tense war which has been going on for years between Nestle and Cadbury. Both chocolate company giants invest heavily in the protection and development of intellectual and industrial rights and do not leave anything to chance, most especially their trademarks.
Nestle argued that since KitKat’s launch in 1935, the 4 fingered chocolate bar’s design had acquired distinctive character and as a consequence, no other competitor should be allowed to circulate goods with the same appearance. However, the senior European expert did not agree with Nestle’s position.
It is worth it to note of the existence of a similar chocolate from Norway called Kvikk Lunsj, which was launched in 1937.
In view of the above, the importance of a timely trademark protection strategy is very apparent.
