The EUIPO will have to reconsider a trade mark dispute between Nestlé and Mondelez, over the shape of the Kit Kat bar, after the General Court said that distinctive character must be proved in all EU member states
Nestlé's four-finger chocolate bar is not entitled to trade mark protection, as the company has not shown that it has acquired distinctiveness such that consumers rely upon it to identify the product's origin
Shapes are difficult to register as trade marks, but brand owners do have alternative means of IP protection and can take some steps to be in a better position when facing objections to trade mark registration or maintenance
Opinion is divided among trade mark practitioners on the potential implications of the recent ruling by the Court of Justice of the EU (CJEU) on the Kit Kat shape case
The room in Le Meridien Piccadilly in London was packed last week for Managing IP’s first Luxury Brand & Retail Forum. James Nurton shares a few highlights from the presentations
Managing IP has compiled some of the reactions from the media and lawyers to the recent Kit Kat judgment using Storify
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
Almost every week seems to bring a new trade mark decision in the UK. Here are five reasons why litigation over brands may be increasing
A selection of intellectual property stories from around the world that grabbed headlines this week
Switching to MIP International