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Advocate general won’t give Kit Kat a break

Patrick Wingrove, London


Advocate general advises CJEU that Nestlé did not produce sufficient evidence to show that Kit Kat’s three-dimensional shape had acquired distinctive character, in an opinion observers say makes tough task of attaining shape marks even harder

Kit KatAn EU top court adviser recommended yesterday that 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 opinion from advocate general...


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