Posts Tagged: "Cadbury UK Ltd"

Cadbury’s Quest to Strengthen Color Trademark Leaves it Vulnerable Following Nestlé Battle

Registering a non-traditional trademark, such as sound clip, position mark, or a color, can offer a significant competitive advantage in a world where goods and services are marketed in a wide variety of different ways. Cadbury was but the latest household name to return to the courts in order to seek or maintain protection… When applying to register unusual marks, such as the color purple in Cadbury’s case, the description provided at the time of filing the application is of key significance and forms as much a part of the mark as the mark itself. It is, therefore, vital that the wording in the description is clear and precise so that anyone viewing the register can see what the mark is and what it protects.

European Court denies Nestlé four-fingered KitKat trademark after Cadbury objection

Most people are familiar with the four-finger KitKat bar which has been produced by Nestlé in the UK since 1935. In 2010 Nestlé decided to apply to register the four-finger shape of the KitKat bar as a trade mark. Cadbury, fearing Nestlé would be able to establish a monopoly on four-fingered chocolate products, raised an objection to the application. Nestlé were initially successful in their application but, following Cadbury’s legal challenge, the case escalated to the High Court and the CJEU where the shape was subjected to further scrutiny and ultimately rejected as a trademark.