BBC.com bericht: "[...] 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. Having had its trademark application rejected by the High Court, after rival confectioner Cadbury opposed it, Nestle is going to the European Court of Justice. It's not seeking to trademark the two-finger version. But could the four-fingered type gain this status?
Nestle argues that, over time, its physical form has acquired a distinctive character associated with the company, and should become a trademark. It cites a survey in which 90% of people shown a picture of the bar, without any names or symbols embossed on it, mentioned KitKat in their comments. But Cadbury says the shape is merely a result of being a cheap and easy way to manufacture a chocolate wafer bar, with other products made similarly."
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Nestle argues that, over time, its physical form has acquired a distinctive character associated with the company, and should become a trademark. It cites a survey in which 90% of people shown a picture of the bar, without any names or symbols embossed on it, mentioned KitKat in their comments. But Cadbury says the shape is merely a result of being a cheap and easy way to manufacture a chocolate wafer bar, with other products made similarly."
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