The ECJ breaks Kit Kat
Observations issued by the European Courts of Justice (ECJ) in connection with the questions in he appeal proceedings C-215/14 on the registration of the UK 3D trademark Kit Kat.
The Nestle's trademark has been deemed not suitable to the registration pursuant to Community Law, since not sufficiently proven the acquisition of distinctive character following the use made.
The Court in particular held that the applicant must not only demonstrate the relevant parties recognize the mark for which registration is requested and its associated products and services. He must provide proof that only the mark for which registration is requested indicates the exclusive origin of the goods or services in question, and this compared to any other brand may be present, and no possibility of confusion.