Lifesavers, which are sold in various countries including the US, are hard, round sweets in fruit and mint flavours, with a hole in the middle, and are very similar to Nestle's Polo brand.
Kraft-owned Nabisco attempted to trademark Lifesavers in the UK in October 1994, but Nestle objected, citing conflict with its own trademarked pictures of a Polo mint.
In October 2002, the UK Patent Office threw out Nestle's opposition on the grounds that Kraft's product had the word 'Lifesavers' stamped on it, while Nestle's had 'Polo'; UK consumers were therefore unlikely to confuse the two.
Now Nestle has lodged an appeal against the Patent Office's decision and the case will be heard by the High Court, probably in December.
Both Kraft and Nestle declined to comment.
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