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Kit Kat trade mark case sent back to EUIPO by General Court

James Nurton, London


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

In its decision (T-112/13) published today, the Court partly upheld an appeal brought by Mondelez (formerly Cadbury) that arose from an invalidity action it filed in  2007.

Mondelez argued that in considering the application to register the...


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