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ARTICLE · 15 JULY 2015

The Kit Kat Shape – Another Perspective

ENS
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The Advocate General (AG) has recently handed down an opinion on the trade mark registrability of the four-finger shape of the Kit Kat chocolate bar.

European UnionIntellectual Property
Chavern Ismail
Chavern Ismail
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The Advocate General (AG) - the European lawyer who prepares opinions in advance of judgments by the EU's highest court, the Court of Justice of the European Union (CJEU) - has recently handed down an opinion on the trade mark registrability of the four-finger shape of the Kit Kat chocolate bar. The reason: Nestlé filed a trade mark application in the UK to register a three-dimensional trade mark for the shape of its big-selling chocolate bar. The application was refused by UK authorities, notwithstanding the fact that Nestlé was able to produce a survey suggesting that 90% of the people in the UK automatically associate the shape with Kit Kat. Nestlé then appealed this refusal to the UK High Court and the UK court referred the matter to the CJEU for direction.

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