Source: All England Reporter
Publisher Citation: [2014] All ER (D) 106 (Jan)
Neutral Citation: [2014] EWHC 16 (Ch)
Court: Chancery Division
Judge:

Arnold J

Representation Simon Thorley QC and Simon Malynicz (instructed by CMS Cameron McKenna) for Nestle.
  Iain Purvis QC and Thomas Micheson (instructed by Bristows) for Cadbury.
Judgment Dates: 17 January 2014

Catchwords

Trade mark - Registration - Distinctiveness - Claimant company, Nestle, making Kit Kat chocolate bars - Nestle seeking to register three-dimensional sign similar to shape of Kit Kat - Hearing officer holding mark devoid of inherent distinctive character except for 'cakes' and 'pastries' - Nestle appealing - Defendant company, Cadbury, cross-appealing - Whether hearing officer erring - , , - Council Directive (EC) 2008/95 - Council Regulation (EC) 207/2009, art 7(1)(b), 7(1)(e)(i), (ii), 7(3).

The Case

Trade mark Registration. In the course of a dispute concerning the claimant company's attempt to register a trade mark of similar shape to the Kit Kat bars sold by the claimant, the Chancery Division held that two questions would be referred to the Court of Justice of the European Union.

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