InternationalUSRemember you can easily switch between MIP US and MIP International at any time

CJEU provides guidance on shape marks in Kit Kat case

James Nurton, Vienna


An applicant for a trade mark based on acquired distinctiveness must prove that that mark alone (as opposed to any other mark present on the product) identifies the origin of the goods or services. So said the Court of Justice of the EU in a dispute between Nestlé and Cadbury over the shape of the Kit Kat bar

In its judgment, published yesterday, the Court answered three questions referred from the England and Wales High Court, which in turn was ruling on an appeal from an opposition filed by Cadbury against Nestlé’s UK trade mark application.

Four-finger...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of free access to up to 5 articles on Managing IP and become a member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain FREE access to up to five free articles when you register now.

Join here

More from the Managing IP blog


null null null

null null null


November / December 2019

IP law: are the pressures taking their toll?

Following World Mental Health Day, Max Walters seeks the views of in-house professionals on whether they struggle with workplace pressures, and asks how to improve wellbeing



Most read articles

Supplements