In brief: General Court annuls EUIPO decision on 'Kit Kat 4 fingers' mark (Mondelez UK v EUIPO)

Table of contents

• Original news
• What should IP & IT lawyers take note of?
• What was this case about?
• What did the court decide?

Article summary

IP & IT analysis: This case relates to Nestlé's registration for a three-dimensional trade mark corresponding to the product 'Kit Kat 4 fingers'. The General Court allowed the applicant’s appeal on the basis that, in upholding the validity of the mark, the EUIPO had infringed Article 52(2) of Regulation (EC) No 207/2009, read in conjunction with Article 7(3) of Regulation (EC) No 207/2009, insofar as it did not correctly assess the distinctive character acquired through use of the mark in respect of sweets, bakery products, pastries, biscuits, cakes and waffles. The General Court annulled the decision of the EUIPO, which must now re-examine the case.