Nestlé registered the shape as far back as 2006 but Cadbury won an appeal against the move. However an appeal at the Community Trade Mark Office has ruled that the four-fingered, three-dimensional shape of the bar can be trademarked.
The ruling is the latest legal showdown between the confectionery giants. In October last year, Cadbury won a battle over its unique purple colour on its packaging. The High Court ruled in favour of Cadbury and stopped Nestlé from using the Pantone 2865c tint on its products.
Source:
http://www.packagingnews.co.uk/news/nestle-wins-kitkat-showdown-with-cadbury/