The parties disputed the registration as a trade mark of three dimensional signs representing specific shapes of chocolate biscuit products.
Held: The objection by Cadbury’s succeeded.
Arnold J
[2016] Bus LR 354, [2016] WLR(D) 23, [2016] EWHC 50 (Ch)
WLRD, Bailii
England and Wales
Citing:
At Chd (1) – Societe Des Produits Nestle Sa v Cadbury Uk Ltd ChD 17-Jan-2014
The court was asked ‘In what circumstances can a trader secure a perpetual monopoly in the shape of a product by registering it as a trade mark? ‘
Held: the hearing officer was incorrect to find that the Trade Mark was inherently distinctive . .
At ECJ – Societe Des Produits Nestle v Cadbury UK Ltd ECJ 16-Sep-2015
ECJ (Judgment) Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 3(3) – Concept of ‘distinctive character acquired through use’ – Three-dimensional mark – Kit Kat four finger . .
Cited by:
Appeal from – Societe Des Produits Nestle Sa v Cadbury Uk Ltd CA 17-May-2017
Distinctive Character through Use not established
Nestle had sought to register as a trade mark, a three dimensional representation of their four fingered Kit Kat chocolate biscuit. Cadbury objected, and the hearing officer rejected the claim saying that the mark had not acquired a distinctive . .
At ChD (2) – Societe Des Produits Nestle Sa v Cadbury Uk Ltd CA 17-May-2017
Distinctive Character through Use not established
Nestle had sought to register as a trade mark, a three dimensional representation of their four fingered Kit Kat chocolate biscuit. Cadbury objected, and the hearing officer rejected the claim saying that the mark had not acquired a distinctive . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 09 January 2022; Ref: scu.559153
