Kit Kat's sticky legal case goes to European court

A sticky legal question over Kit Kat's "Have A Break" slogan has exhausted the finest legal brains in Britain.

Nestlé, maker of the snack biscuit, wants to register the phrase as a trade mark. But is being opposed by the rival manufacturer Mars, which claims the phrase has no distinctive character and cannot be registered.

A Trade Marks Hearing Officer ruled that although "Have A Break, Have A Kit Kat" was registered as a trade mark, the first three words could not be. Nestlé took the case to the High Court, where Mr Justice Rimer agreed with the Hearing Officer. But the Court of Appeal was unable to make a final decision yesterday and sent the case to the European Court of Justice.