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
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UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Richard de Bodo, who had a lengthy career at international firms, shares how he will address client needs and praises the unique offerings of smaller firms