ECJ allows service marks for retail trade and tells Nestle it can 'HAVE A BREAK' without having a Kit Kat |
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Authors: | Shillito, Mark Powell, Rebecca |
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Affiliation: | Herbert Smith LLP |
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Abstract: | In response to a reference from the UK Court of Appeal, undertrade mark Directive 89/104/EEC of 21 December 1988, the ECJdetermined that distinctive character may be acquired throughuse as part of an already registered trade mark. |
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