Why is Kit-Kat trying to trademark its shape?

Kit-Kat are trying to trademark the shape of their chocolate bar, why would they want to do that of all things?

Look, there is no denying that trade marking your product is important. The last thing you want to do is work day in and day out on a product, and then for someone to come along and copy it, and because you didn’t trademark it, they can. But a shape? Why would Kit-Kat try and trademark a shape?

Well simply because the shape is pretty important. If you have a defining shape that makes you recognizable, then you might want to protect that feature.

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For example, the chocolate bar Toblerone, I think everyone can agree that they would recognize a Toblerone without having to read the label or be told it is one. Its unique pyramid style shape ticks all of the boxes on recognizable features.

And that is why Kit-Kat wants to trade marking their shape. They believe that their chocolate biscuit has defining features like the Toblerone and they don’t want anyone to steal them.

Their recent court case, however, has seen that decision to trade mark their shape rejected. Ruling that the shape of the chocolate biscuit is not recognizable enough.

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So unlike the Toblerone, wh

ere there is no doubt that their shape is unique, the European Court made the decision that the Kit-Kat was not recognizable enough, by sheer shape alone.

Did you know why Kit-Kat wanted to trademark their shape? Did you think it was a pretty odd thing for them to do at first? Share your thoughts by leaving a comment below.