Court of Appeal foils Kit Kat on acquired distinctiveness

In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's appeal in Société des Produits Nestlé v Cadbury UK Ltd [2017] EWCA Civ 358. The Court of Appeal upheld the High Court's decision in finding that Nestlé is not permitted to register a UK mark for the shape of the Kit Kat as Nestlé has failed to demonstrate acquired distinctiveness in the shape. Société des Produits Nestlé v Cadbury UK Ltd [2017] EWCA Civ 358.

Read more here.

Comments Off on Court of Appeal foils Kit Kat on acquired distinctiveness

Filed under Consumer products, Trade marks & Passing-off, UK

Comments are closed.