Modern Australian
Men's Weekly

.

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

Professional Bathroom Builders Sydney: What Defines Professional Standards

Professional bathroom builders in Sydney operate within a regulated construction environment that prioritises safety, compliance, and structural durab...

Retail Cleaning Creating Welcoming and Professional Store Environments

First impressions matter in retail, and cleanliness plays a powerful role in shaping how customers perceive a store. Retail cleaning focuses on mai...

Why Year 12 Tutoring Plays A Crucial Role In Academic Success

The final year of school is one of the most demanding periods in a student’s academic journey, which is why year 12 tutoring has become an essent...

Legal Remedies Available in a Breach of Contract Case

When a contract is broken, the consequences can affect cash flow, reputation and ongoing business relationships. A breach of contract may occur when...

Long Weekend Camping in the Yarra Ranges: Three Weekends of High Country Adventure

Yarra Ranges National Park, Victoria. Image by Mattinbgn (talk · contribs), CC BY 3.0, via Wikimedia CommonsVictoria’s Yarra Ranges offer keen trav...

Why Waste Management Solutions Are Essential For Modern Businesses

Managing waste responsibly has become a critical priority for organisations of all sizes, which is why waste management solutions play such an impo...

The Importance and Varieties of Ride-On Mower Tyres

Ride-on mowers are built to manage larger lawns with consistency and control. The quality and design of ride on mower tyres play a critical role in ...

Gain Peace Of Mind: The Undeniable Benefits Of A Ready First Aid Kit

Life in our vibrant communities, whether it's the bustling city or the quiet country town, is full of unexpected moments. From a scraped knee on the...

The Most Common Conveyor System Issues in Manufacturing

In modern manufacturing, conveyor systems play a central role in keeping production lines efficient, consistent, and cost-effective. When they operate...

How to Secure a Long-Term Rental in a Competitive Market

The rental market can be unpredictable and may present challenges if you’re not prepared. Initially, you might submit numerous applications and stil...

What Smart Investors Know About Real Estate

Many people think investing in property is just about buying a house and waiting for it to get expensive. While that can happen, the people who actual...

The Benefits of Seeking Help for Anxiety and Stress

Anxiety and stress have become common experiences in today’s fast-paced world, affecting people across all ages and lifestyles. From work pressures ...

How to Make the Most of Fashion Wholesale Options for Your Brand

If you want to grow a fashion brand without constantly reinventing the wheel, wholesale can be one of the smartest ways to scale. The key is knowing h...

How to Add Value to Your Home Before Selling

Selling a home is not just about putting up a sign and waiting for offers. It is about presenting a property that buyers instantly connect with and ar...

How Outdoor Play Enhances Learning and Wellbeing

You don’t need to be an expert to conclude that play is an essential part of growing up. When children aren’t restricted and kept indoors, they de...

How to Build Passive Income Through Real Estate

Building passive income is one of the most effective ways to create long-term financial security. While there are many investment opportunities availa...

DIY Guide to Replacing Small Parts in Your Laundry Machine

Finding a puddle or a broken washer is frustrating, but you don’t always need a professional. Many common issues are caused by tiny parts that are c...

Best Practices for Managing Your Warehouse Partner Relationships

Your warehouse partner is an important part of your business. They sit in the middle of your promises to customers. Yet, when they deliver what’s pr...