Nestlé said it would continue its legal battle to trademark the shape of its Kit Kat brand, after losing an appeal in the High Court yesterday (20 January).

The confectionery giant intends to appeal Mr Justice Arnold’s ruling that there was no evidence the design of the four-finger chocolate bar was distinctive enough for consumers to confuse similarly shaped products with Kit Kats.

“Kit Kat is much loved, and the iconic shape of the four-finger bar, which has been used in the UK for more than 80 years, is well known by consumers,” a Nestlé spokesman said.

“We believe the shape deserves to be protected as a trademark in the UK and are disappointed the court did not agree on this occasion. We are taking the necessary steps to appeal this judgment.”

The company first applied to register the shape as a trademark in 2010 but faced legal opposition from rival Cadbury.

Michael Gardner, head of IP and commercial at law firm Wedlake Bell, remarked: “This deals a major blow to Nestlé’s hopes of acquiring a monopoly on being able to use the four-fingered Kit Kat shape for chocolate bars and other products.

“The ruling does not affect any other aspects of their branding, such as the Kit Kat name. The company’s only hope is to battle on and take the case to appeal.”