Nestle's Kit Kat trade mark - IP LAWYER FROM MISHCON DE REYA COMMENTS
EU court dismisses Nestle's Kit Kat trade mark
Sally Britton, Intellectual Property lawyer at Mishcon de Reya says:
"Non-traditional trade mark registrations covering shapes, sounds, colours and smells are becoming increasingly popular and brands look to experiences to drive brand value. Tomorrow we will hear from the General Court of the Court of Justice in the European Union in relation to one of several disputes between Nestle and Cadbury relating to Nestle's attempts to trade mark the shape of its four finger bar. This case is interesting as it examines the type of use and consumer recognition required to obtain monopoly protection over a shape mark, and sets the bar very high. Businesses that have shape marks should be following Nestle's strategy following this decision closely."
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