Read The Times Australia

Daily Bulletin

What Nestlé's attempt to trademark the shape of a KitKat teaches us about design

  • Written by: Tom Lee, Lecturer, Faculty of Design and Architecture Building, University of Technology Sydney

For many people there is something irresistible about chocolate. But in the hungry rush to make it part of our bodies there is a missed opportunity to meditate on the different gestural experiences chocolate affords.

We take it for granted that chocolate commonly comes to us in bars – that stereotypical industrial form. But prior to the colonial project and the industrial revolution, the idea of eating chocolate in a bar would have seemed like a radical idea. In Mayan and Aztec cultures, where chocolate was part of the culture for a much longer time, it was consumed in liquid form.

Read more: KitKat lost its trade mark case: what you need to know

In addition to being pleasurable to eat, chocolate bars are designed to be handled in particular ways. Take the KitKat for example, which has been the focus of a recent trademark protections lawsuit. What do you do with a KitKat before you eat it?

You know the slogan: “Have a break, have a Kitkat.” KitKats are made for breaking. They are not unique in this sense. Cadbury Dairy Milk, Galaxy, Hersheys, Green & Black’s and Toblerone all feature bars with individual little segments that make them easier to break.

But KitKat, as its trademarked slogan testifies, and to a lesser extent Toblerone, have really made a thing of the break – and the poetic possibilities it has in the broader experience of the chocolate.

A Toblerone commercial.

Certain shapes invite particular actions

In 2002, Nestlé applied in the European Union to protect the the four-finger shape associated with KitKat. In July, it lost the case on the basis that consumers don’t primarily rely on this element to distinguish KitKat from other products.

The judge argued that the logo used on the packaging and imprinted on the chocolate were more prominent indicators.

Commentary on the case so far has emphasised the difficulty of protecting shapes under trademark, and the extent to which the form of the chocolate or the symbolic elements are more direct identifying markers.

Read more: Who owns your tattoo? Maybe not you

But something is missed when interpreting a product as either form or as symbol. The experience of a product is also significantly informed by the way specific shapes or forms constrain and invite certain actions.

The concept of “affordances” is used by product designers to capture this sense that an object seems to call for certain kinds of use.

Affordances are the action potentials of different forms: a chair affords sitting, standing, and sometimes stacking. A handle affords holding, a button pressing, and so on.

The concept is meant to be a happy compromise between deterministic notions of form and function, which emphasise the power of objects or technology over human action, and social constructionist approaches, which emphasise the influence of specific histories, socio-cultural factors and differing human abilities.

Designing chocolate

Chocolate bars are mass produced with the help of moulds into which the warm liquid chocolate is poured, and then left to cool and later packed. These moulds are manufactured according to very precise information such as the dimensions of the bar and its surface texture, which is derived from the design of the chocolate bar.

What Nestlé's attempt to trademark the shape of a KitKat teaches us about design Kit Kat being packed in factory (1940-1950s). Nestlé, CC BY-NC-ND

Designers will consider many aspects ranging from the obvious, such as the overall shape and desired surface texture, to more subtle aspects, such as the manual interaction of breaking off a segment.

The affordance of notches and grooves is derived from the widely shared understanding that if something is considerably thinner in one place than another, it is more likely to break at the thinner place. Chocolate bar manufacturers have been using this affordance for over a century.

But the designers at KitKat and Tobelerone have taken this one step further. They’ve been attempting to allow their chocolate bars to speak to consumers through the affordance of breaking.

KitKat commercial 1988.

There is a multitude of material available online aimed at constructing the relationship between form, affordance, and perhaps most importantly, the experience of eating these chocolates.

The ambiguous role of affordances with regard to trademark law is in tension with the important role they can play in articulating brand identity and the experience of a product. Much blood is spilt in court as a result.

The meaning of a brand

But none of this is to say KitKat should have won the case. The popular Norwegian chocolate Kvikk Lunsj (Norwegian for “Quick Lunch”) is almost exactly the same shape.

Interestingly, while the breaking affordance is present in some of their advertising, they don’t make use of it in their branding, preferring the slogan “Tursjokoladen” – which means “the hiking or trekking chocolate”.

Read more: Which type of chocolate is best for your health? Here's the science

The lesson here is that while important, affordances aren’t necessarily the primary determinants of meaning in the experience of a brand. They can be amplified, distorted and muted to varying degrees when combined with other media.

Nonetheless, there’s a gaping hole in the vocabulary if concepts like affordances, which emphasise the dynamic interaction between objects and action, are missing from discussions about what products mean.

Authors: Tom Lee, Lecturer, Faculty of Design and Architecture Building, University of Technology Sydney

Read more http://theconversation.com/what-nestles-attempt-to-trademark-the-shape-of-a-kitkat-teaches-us-about-design-102487

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...