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Nestle’s latest attempt to trade mark the KitKat’s shape was thwarted after a Court of Appeal in London ruled that the confectionary giant does not have an exclusive claim to the four-fingered design.  
 
Colin Bell, partner and head of intellectual property at Brabners, said: “The decision, while undoubtedly disappointing for Nestle, is perhaps not surprising. The decision is likely to have been a tight call that resulted from Nestle failing to prove that it is using the four-finger shape sufficiently as a trade mark as part of the KitKat brand. 

 

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