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Aug 22, 2018
Roland Mallinson, Taylor Wessing LLP, United Kingdom
Louise Popple, Taylor Wessing LLP, United Kingdom
First published at www.taylorwessing.com

CJEU decision in KitKat shape Trade Mark case


Roland Mallinson, Taylor Wessing LLP, United Kingdom, Louise Popple, Taylor Wessing LLP, United Kingdom, First published at www.taylorwessing.comThe CJEU has ruled on the geographic spread of the evidence needed to prove acquired distinctiveness for an EU trade mark that has been held inherently non-distinctive throughout the EU. The ruling is significant because brand owners had been concerned that it would be necessary in future to submit evidence (perhaps including survey evidence) specifically covering each of the 28 EU Member States. Also it confirms that this is not needed and instead the evidence can potentially be submitted for regional markets (such as the Nordics, Iberian Peninsula, Baltic States and CEE regions that companies often operate within) or, for example, markets with consumers that are closely connected culturally.
What is essential is that the evidence is at least capable of showing acquired distinctiveness in the Member States for which specific single-country evidence may not have been provided. This part of the ruling will be welcomed by MARQUES, the association of European trade mark owners, which had made amicus submissions in support of Nestlé as an  read more