Kit Kat Decision Sets High Bar for Proving Acquired Distinctiveness of Shape Marks

World Trademark Review

"In Mondelez UK Holdings & Services Ltd v European Union Intellectual Property Office (EUIPO) (Case T-112/13, December 15 2016), the General Court has ruled that the EUIPO must re-examine whether Nestlé’s three-dimensional trademark for the shape of its four-fingered Kit Kat chocolate-covered biscuit bar had acquired distinctiveness in all EU member states in respect of all the goods covered by the trademark. Nestlé filed an application to protect as a three-dimensional trademark the shape of its four-fingered Kit Kat chocolate-covered biscuit bar. The mark was registered for sweets, bakery products, pastries, biscuits, cakes and waffles in 2006."

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Martin Henshall Associate, London
Nick Bolter Partner, London
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