CJEU says that mere recognition/association is not sufficient to prove acquired distinctiveness

By Rosati, E.

Following a reference for a preliminary ruling from the High Court of England and Wales in the context of litigation between NestlĂ© and Cadbury regarding the registrability as a trade mark of the shape of the KitKat chocolate bar, the Court of Justice of the European Union (CJEU) held that: …read more

Source:: Journal of Intellectual Property Law & Practice