Court of Appeal judges in the United Kingdom rejected the application by the confectionery giant, saying its four-fingered bar was not "distinctive" enough to warrant trademark protection.
Lord Justice Kitchen said, "We are concerned here with... the three-dimensional shape of a chocolate bar, that has no distinctiveness".
Now three top Appeal Court judges have agreed. The Court ruled in December that this does not apply to four other countries (Belgium, Greece, Ireland and Portugal), a rulingNestlé will also appeal.
Yesterday, Chancellor of the High Court Lord Justice Vos, Lord Justice Kitchin and Lord Justice Floyd issued a unanimous opinion. Cadbury is leading the battle against Nestle's move out of what appears to be some sort of big brand business spite, as Nestle has previously tried to stop it from trademarking Dairy Milk's purple shade.
A spokesperson for Nestle said: "Nestle is disappointed by the Court of Appeal judgment and is considering next steps". It has nothing, therefore, to do with the informed choices that consumers make between similar products'. But she said the latest court ruling set a high bar for success.
The appeal judges determined that while the four-finger shape might be "very well known" with KitKat, "that does not necessarily mean that the public have come to perceive the shape as a badge of origin such that they would rely upon it alone to identify the product as coming from a particular source".
It said KitKat's shape has been granted trademark protection in countries including Germany, France, Australia, South Africa and Canada.
She said the case is interesting as it examines the type of use and consumer recognition required to obtain monopoly protection over a shape mark.
Robert Guthrie, a partner in the IP litigation department at global firm Osborne Clarke, said the contrast with the general court ruling may be that the Court of Appeal was less inclined to follow the approach as a result of Brexit and that this is an early indication of the ways in which United Kingdom and European Union trade marks may diverge.
He also said there are only 20 kilometres of paved roads in that area and virtually no functional telecommunications. Meanwhile, the first Ebola treatment centre has been established in the Likati General Hospital.
Comey was leading an investigation into Russian interference in the 2016 presidential election when he was sacked by Trump. But the White House (and, in the case of the Comey-Trump memos, the FBI) could just decide not to hand anything over.
The classified information Donald Trump told Russian officials in an Oval Office meeting reportedly came from Israeli sources . Vladimir Putin says he is willing to hand over a transcript of a discussion between Donald Trump and senior Russian officials.
Its first stint in India dates back to 1928 when it assembled cars, buses and trucks under the Chevrolet brand. The giant has said it is investing around $600m a year as it ramps up efforts to develop driverless vehicles.
Jinder Mahal continued his winning ways on Smackdown Live Tuesday as he defeated AJ Styles and laid out WWE Champion Randy Orton. Maybe there's more to Mahal than most have seen to date, but he still seems to need a bit of development to hang with Orton.
She is all set to present the romantic tragedy, Devdas to an global audience for a second time in Cannes this year. While mom Aishwarya looked a little guarded, Aaradhya, on the other hand, did not mind goofing around.
Channel 2 TV said one American official told the Israelis the site is "not your territory" but part of the occupied West Bank. A USA official who confirmed the disclosure to The Associated Press said the revelation potentially put the source at risk.
She took the name Reema Lagoo after her marriage - she and her husband later separated but Ms Lagoo retained the name. Veteran actor Reema Lagoo passed away at the age of 59 this morning after suffering a cardiac arrest.
Walker's office said the application process for interested applicants will last for about two weeks, followed by interviews. It had been rumored that Clarke was in the running for several appointments within the new administration.
The single-cam comedy examining one man's life over a 50-year span - with Moynihan playing the protagonist at age 40. This season was planned to be his final hurrah with the show, freeing him up to delve into the network comedy world.
Merritt has told CNN that, at this time, Jordan's family wishes to grieve privately until after the funeral. Jackson said, "Their boy was brutally murdered, violently murdered in front of his brothers".
CBS Pairs Big Bang Theory & Young Sheldon Spin-Off
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SSE squeezes higher profits from household energy customers
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State returns to job growth in April; unemployment drops
The figure includes discouraged workers who stopped looking as well as part-time workers who want but can't get full-time jobs. The 37,400-strong jump in jobs boosted the Australian dollar AUD=D4 which rose a third of a USA cent to a two-week high.
Five-star Mohamed Bamba picks Texas over MI
Being surrounded by all the new talent coming in - led by point guard Matt Coleman - should only help what Bamba can do, as well. But thanks to the surprise commitment of Bamba, the Longhorns will still be really good either way.
N-Out just lost its title as America's favorite burger chain
The Harris study, in its 29th year, measures the strength of brands across various media - from travel to finance to restaurants. This year's study was based on input from 102,617 USA consumers age 15 and older between December 30, 2016 and February 21.
Jeter's No. 2 retired in emotional Yankees ceremony
Eventually nothing is next because you're retired, but we all had those same mindsets and that's why I think we had success. Clippard spent 2008-14 with Washington so he only faced Jeter once, but it's an at-bat he'll never forget.
What you need to know about North Korea's missile test
The adoption of the statement comes on the eve of an emergency, closed-door meeting of the Security Council scheduled for Tuesday. North Korea published photos and video clips from Sunday's successful launch of its Hwasong-12 midrange missile.
Democrats Going to Do Whatever It Takes to Impeach Trump
In a weird twist on Wednesday, Russian President Vladimir Putin offered to turn over to Congress records of Trump's discussions. And the Senate Intelligence Committeesent a letter to Comey asking him to appear before them in both closed and open sessions.