EUIPO must re-examine Kit Kat shape, rules CJEU

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EUIPO must re-examine Kit Kat shape, rules CJEU

Patrick Wingrove
July 25 2018
Kit Kat 168

Nestlé did not produce sufficient evidence to show that Kit Kat’s three-dimensional shape had acquired distinctive character, the CJEU rules, in a case that makes it clear the test for acquired distinctiveness is different from the test for non-use

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Patrick Wingrove
Deputy managing editor Managing IP
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Patrick assists with editorial agenda management, and regularly reports on patent-related issues, including FRAND, supplementary protection certificates and patent eligibility, as well as trade secrets. He also chairs industry events and produces conference newspapers.
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