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 chocolate-coated wafer – Article 3(1)(e) – Sign which consists of both the shape which results from the nature of the goods themselves and the shape which is necessary to obtain a technical result – Manufacturing process included in the technical result
A Tizzano, President of the Chamber, S. Rodin, E. Levits, M. Berger and F. Biltgen (Rapporteur), Judges,
ECLI:EU:C:2015:604, C-215/14, [2015] EUECJ C-215/14
Bailii
Directive 2008/95/EC 3(3)
European
Citing:
Reference from – 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 . .
Cited by:
At ECJ – Societe Des Produits Nestle Sa v Cadbury UK Ltd ChD 20-Jan-2016
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. . .
At ECJ – 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: 04 January 2022; Ref: scu.552386
