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EUIPO must re-examine Kit Kat shape, rules CJEU

Patrick Wingrove, London


Nestlé did not produce sufficient evidence to show that Kit Kat’s three-dimensional shape had acquired distinctive character, the CJEU rules, in a case that makes it clear the test for acquired distinctiveness is different from the test for non-use

Nestlé’s Kit Kat bars should not be entitled to trade mark protection and the EUIPO must re-examine whether it may be maintained as a trade mark, the Court of Justice of the EU ruled today in a decision that will...


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