May 17, 2017
Nestlé claimed the shape of the bar was “so unique” that it should be protected by law. However, the judges were not convinced. In September 2015, Nestlé failed to persuade European judges who said that the company had to demonstrate the public relied on the shape alone to identify the snack. Since KitKat has a strong brand name, with a popular trademarked slogan “Have a Break”, it was found the public did not rely on the shape alone.
It is thought that the ruling could lead to copycat version of the bars.
1. Do your customers or clients rely on a certain aspect of the brand in order to identify your product or services?
2. Is there a risk that your competitors would commercially exploit aspects of your brand?
3. Does another party have rights over a similar brand? Would they dispute your attempt to register the trademark?
Depending on the answers to the above questions, it may be worth you considering registering your brand in some way.
I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”
Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”
We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”
An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”
PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”
We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”
Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”
My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”