Trademarking is detrimental when securing the identity of a product or brand. Even for companies that specialize in candy, this may mean coming to bats in a court of law.

Chocolate empresario, Nestle, has gone to court for the past five years over the trademark of their highly-popular Kit Kat bar. Nestle is fighting to protect the four finger shape of the chocolate coated wafer, which is being sought after by Cadbury.

On Wednesday, the British High Court objected Nestle’s trademark. The confectionery manufacturer believes the “shape deserves to be protected by a trademark” and plans to appeal the ruling. Cadbury’s owner Mondelez feels as though the “shape of the Kit Kat bar is not distinctive enough to be protected as a trademark.” A trademark attorney stated that if the trademark was given to Nestle, then they would have a monopoly and competitive advantage over the other confectionery manufacturers.

The Kit Kat bar originated in Britain in 1935. Hershey produces the chocolate bars for the U.S..

 

Source: CNN