Trade mark – Registration. The Court of Appeal, Civil Division, dismissed the appellant company's appeal in a dispute concerning the registration of a three-dimensional regarding the shape of the Kit Kat chocolate bar, as a trade mark. The hearing officer, who had held that the trade mark had been of insufficient distinctive character, had not erred as a matter of law in addressing the issue of acquired distinctiveness. The conclusion that he had reached had been open to him on the evidence before him and had also been correct.