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ARTICLE · 01 SEPTEMBER 2015

No Breaks For Kit-Kat

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On the 11th of June, 2015, it was reported that the Advocate General (AG) of the Court of Justice of the European Union has advised that Nestlé's application for the three dimensional 'Kit Kat' shape is not compliant with EU law.

European UnionIntellectual Property
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The latest in Nestlé's attempt to trademark its iconic four-finger chocolate is at odds with EU law.

On the 11th of June, 2015, it was reported that the Advocate General (AG) of the Court of Justice of the European Union (CJEU) has advised that Nestlé's application for the three dimensional 'Kit Kat' shape is not compliant with EU law. Although not an official ruling, it poses a serious threat to the future of three dimensional trademarks.

The AG's opinion is the latest  development in this long-running chocolate bar dispute between Nestlé and Cadbury, which started off when Cadbury tried to trademark the colour purple it uses on its Cadbury chocolate wrappers. Nestlé objected and finally had its original decision allowing Cadbury to trademark the colour overturned in 2013.

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