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26 July 2018Trademarks

KitKat ruling creates high barrier for acquired distinctiveness: lawyers

The Court of Justice of the European Union’s (CJEU) judgment on Nestlé’s KitKat trademark has demonstrated the difficulty of proving acquired distinctiveness, lawyers have told WIPR.

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Trademarks
25 July 2018   The Court of Justice of the European Union today ordered the European Union Intellectual Property Office to reconsider whether Nestlé’s 3D four-finger KitKat shape can be registered as an EU trademark.