Kit kat trade mark

The trade mark Nestle was deemed incapable of registration application of EU law, because it is not sufficiently proven its distinctiveness. Registration of the mark had been sought in Britain, as a simple bar of chocolate, on which, however, does not appear the words kit kat.

The Court, in the context of the Advocate General argued that an applicant for registration must not only demonstrate that the relevant parties recognize the brand and associate it to its products and services. He must provide proof that the mark for which registration is sought, on an exclusive basis, indicating the origin of goods or services in question, and this compared to any other brand possibly already on the market.