Cylonphoto /
3 December 2014Trademarks

Nestlé dealt Kit Kat blow in Singapore

Confectionary multinational Nestlé has lost a court case against a Singapore-based foods company in which it alleged that its trademarks for the Kit Kat chocolate bar had been infringed.

Nestlé alleged that Petra Foods’s Take It chocolate wafer bar was too similar in shape to its renowned Kit Kat bar.

But, according to the Singapore-based publication Business Times, Justice Chan Seng Onn at the High Court of Singapore rejected Nestlés claim.

Onn then ruled in favour of Petra's counterclaim to invalidate Nestle's trademark registrations for the shapes of Kit Kat bars, the newspaper reported.

Onn reportedly said: "Imitation is no less a valid business strategy than innovation. There is nothing unconscionable about competition. Even if the defendants did copy, it is not wrong unless such copying impinges the plaintiff’s legal rights."

Switzerland-based Nestlé did not immediately respond to a request for comment.

But, speaking to food news website, a company spokesperson said it was “very disappointed” by the court’s decision and would “in all likelihood” appeal against it.

The Kit Kat, which comes in ‘fingers’ of two and four bars of chocolate, is a key product for Nestlé, and the company has attempted to obtain trademark registration for the shape around the world.

Petra Foods produces and sells chocolate products mainly for the Southeast Asia market.

Despite its failure in Singapore, Nestlé was successful in a recent court decision in South Africa.

Last week, the country’s Supreme Court overturned a decision by the North Gauteng High Court that had ruled that the Tiffany Break bar—produced by Middle Eastern company Iffco—did not infringe the trademark registration for the Kit Kat shape.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at

More on this story

19 January 2015   A trademark battle in South Africa over the shape of the Kit Kat chocolate bar has reached the country’s highest court, the Constitutional Court of South Africa.