'Kit Kat 4 fingers' mark—AG’s opinion on General Court judgment appeals (Mondelez, Nestlé and EUIPO)

Table of contents

• What was the background?
• What did the Advocate General opine?
• Mondelez’s appeal
• Nestlé and EUIPO appeals
• MARQUES—leave to intervene
• Case details

Article summary

IP analysis: This case relates to Nestlé's registration for a three-dimensional trade mark corresponding to the product 'Kit Kat 4 fingers'. The opinion examines acquired distinctiveness of a trade mark and in particular extrapolation of evidence, and attempts to clarify the case law in this area. The Advocate General dismissed the appeals of all of the parties. In relation to the Nestlé appeal, it was the Advocate General’s view that Nestle had not adduced sufficient evidence to show that its trade mark had acquired distinctive character.