Confectionery giant Nestle is attempting to turn the shape of the KitKat bar into a trademark. Manufacturer Nestle is arguing the four-fingered version of the chocolate-covered wafer snack should become a trademark in the UK, possibly preventing similar products being made. It says that, without the red-and-white packaging, and even without the word KitKat embossed on the chocolate, it should be regarded in law as distinct.The European court is expected to issue its advice within a few months. Nestle's application then returns to the High Court, which will make the ultimate decision. A separate case is going on, in which Nestle is trying to get a Europe-wide trademark for the KitKat shape.
