Kit Kat decision sets high bar for proving acquired distinctiveness of shape marks
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.
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