Kit Kat – Making a Case for Shape
There won’t be any trademark protection for the Kit Kat shape in the UK. The British High Court ruled a few weeks ago against Kit Kat’s manufacturer Nestlé in the long-running battle opposing it to confectionery rival Cadbury. The shape of the four-fingered candy bar is just “not distinctive enough” to warrant a trademark, the judge presiding over the case concluded.
So what does that mean for your business? While there are other categories of trademarks that can help you protect your intellectual property rights – logos, names, colors, etc. –, shapes shouldn’t stop at product shapes alone.
Think packaging shapes.
The potential it holds to give your brand that sought-after distinctiveness is worth exploring, considering every one of your consumers will come in contact with packaging at some point. Check out our extensive experience remodeling Kit Kat’s packages all while keeping the brand recognizable and true to its promise.