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16 September 2015Trademarks

CJEU issues mixed ruling in Kit Kat shape row

Europe’s highest court has ruled that a trademark cannot be registered for a shape of which some features are necessary to obtain a technical effect, in a dispute concerning the Kit Kat chocolate bar between Nestlé and rival Cadbury.

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More on this story

Trademarks
22 June 2015   An advocate-general was wrong to recommend that the Court Justice of the European Union should reject Nestlé’s attempt to trademark its four-finger Kit Kat shape, according to a majority of respondents to the latest WIPR survey.
Trademarks
20 January 2016   The English High Court has dismissed Nestlé’s appeal against a decision to reject its trademark application for the 3D shape of the four-finger Kit Kat chocolate bar.
Trademarks
21 January 2016   Nestlé’s failure to register the 3D shape of the Kit Kat in the UK will not be the end of the story, as there is uncertainty following yesterday’s court decision, lawyers have told WIPR.