• Trademarks

    Trade Wars ‘Tit for Tat over Kit Kat’

    - by Amy Hylton

    Following the Court of Appeal ruling against Nestlé in its long battle with Cadbury’s to trademark the shape of its four-finger KitKat bar in the UK, the continuing battle over trademarks shows the value of what is at stake when it comes to brands.   They are valuable business assets.

    But Trademark protection isn’t just for the big players of industry however, protection can be an affordable way of protecting your businesses brand and enabling swift action against would be infringers.

    Trademarks are typically granted for words, logos or slogans but registrations can be achieved for shapes, sounds, colours and even smells.

    According to the ‘Nestlé’ ruling, the four finger shape had not acquired distinctive character and Nestlé had not promoted the shape as a selling point in recent years because packaging hid the design.

    Although trademarking shapes may be uncommon, trademarks for business and brand names is a common occurrence.  The amount of time, resources and money that must have been invested by these two confectionary giants in relation to this trademark application evidences the importance to them of securing this type of intellectual property protection.

    If you would like to explore the potential of registering a trade mark for your business, contact Amy Hylton at Enoch Evans Solicitors LLP on or 01922705954.