CJEU provides guidance on shape marks in Kit Kat case

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CJEU provides guidance on shape marks in Kit Kat case

kit-kat-image.png

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

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login
more from across site and ros bottom lb

More from across our site

Awards
Practitioners and law firms should keep their eyes peeled as the shortlist for our annual Awards is set to be released
Shoosmiths, which hired a six-person IP team from Locke Lord to kick-start the year, says it is not finished there
The USPTO’s latest search tool has improved since it was first launched, though counsel still have to take care when trying to get optimal results for their clients
Scott Palmer, who took 16 lawyers with him when he moved from Perkins Coie to Loeb & Loeb, reveals how his Beijing-based team has hit the ground running
Coke Morgan Stewart previously spent 10 years in various USPTO roles before joining O’Melveny in 2023
Law firm Stephens Scown secured victory for its client in a dispute over two cider products
The Court of Appeal said the UPC can award damages based on a national court’s infringement ruling, giving the last laugh to the lawyer who filed the case
AI
Robert Guthrie at Osborne Clarke runs through the government’s AI and copyright consultation and considers the expected challenges
A lawyer firing Meta as a client has reinforced why the industry should not shy away from losing business from those with questionable ethical standards, even if it comes at a cost
A blow for Getty ahead of its AI showdown with Stability AI and a licensing deal between Nokia and Samsung were among the big talking points this week
Gift this article