An advocate-general (AG) at the Court of Justice of the European Union (CJEU) has said that the European Union Intellectual Property Office (EUIPO) must re-examine whether Nestlé’s four-finger KitKat shape may be maintained as an EU trademark.
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18 May 2017 Nestlé lost its appeal yesterday against the trademark rejection of the 3D shape of its four-finger KitKat chocolate bar, potentially marking the beginning of a divergence between EU and UK law.
24 July 2018 Tomorrow, the Court of Justice of the European Union will issue a trademark ruling on the KitKat chocolate bar, while an advocate-general will opine on Dutch cheese.