Nestlé loses appeal over Kit Kat shape marks

Singapore

The Court of Appeal has upheld the decision that Nestlé’s two-fingered and four-fingered KIT KAT shape marks lack inherent distinctiveness as they do not represent a significant departure from the norms of chocolate confectionery. The decision emphasises the fact that, unless there is evidence to prove that consumers are accustomed to recognising the shape of a product as a badge of trade origin, even evidence of substantial use is unlikely to assist.

Unlock unlimited access to all WTR content