Nestle has lost it's appeal to trademark its famous 2 and 4 finger chocolate biscuits in the Singapore Court of Appeal.
The Petra product looks virtually identical so this is a warning sign not to be complacent.
1. Make sure you know the IP laws in every region / country you are doing business in.
2. In Singapore, having a well-known shape is not enough. It has to be inherently distinctive.
3. The court held that the shape of the biscuit of breakable fingers was "necessary" so as to provide the consumer with bite-size portions. As such, because the shape was "necessary" it could not be registered.
Lastly, the CA dealt with whether the mark should be revoked for lack of genuine use since its registration. Once again, it concurred with the HC. At all times, the products had been sold within packaging displaying the logo “Kit Kat”; therefore, these sales could not be said to constitute use of the shape marks on their own.