Posts Tagged: "Cadbury"

UKIPO Invalidates Babybel Cheese Shape Mark

Fromageries Bel, owners of cheese brands including Boursin, Leerdammer and The Laughing Cow, have been dealt a blow by the UK Intellectual Property Office (UKIPO), with their UK trademark registration for the shape of the company’s popular Babybel cheese having been declared invalid. It has been possible to register non-traditional trademarks, including colors and 3D shapes, for many years. However, the requirements for registration of these types of marks have changed substantially since they were first introduced, with significant attention currently being paid to the precise way in which the marks are defined. As a result, an increasing number of non-traditional trademarks previously considered valid and accepted for registration are being declared invalid when challenged by competitors.

Cadbury’s Quest to Strengthen Color Trademark Leaves it Vulnerable Following Nestlé Battle

Registering a non-traditional trademark, such as sound clip, position mark, or a color, can offer a significant competitive advantage in a world where goods and services are marketed in a wide variety of different ways. Cadbury was but the latest household name to return to the courts in order to seek or maintain protection… When applying to register unusual marks, such as the color purple in Cadbury’s case, the description provided at the time of filing the application is of key significance and forms as much a part of the mark as the mark itself. It is, therefore, vital that the wording in the description is clear and precise so that anyone viewing the register can see what the mark is and what it protects.

Nestlé’s 3D trade mark hopes melting away?

In a unanimous decision, the Court of Appeal has upheld the High Court’s ruling involving Nestlé’s attempt to register a four-finger bar shape as a trade mark in the United Kingdom, meaning – at least for now – it remains unregistered.

European Court denies Nestlé four-fingered KitKat trademark after Cadbury objection

Most people are familiar with the four-finger KitKat bar which has been produced by Nestlé in the UK since 1935. In 2010 Nestlé decided to apply to register the four-finger shape of the KitKat bar as a trade mark. Cadbury, fearing Nestlé would be able to establish a monopoly on four-fingered chocolate products, raised an objection to the application. Nestlé were initially successful in their application but, following Cadbury’s legal challenge, the case escalated to the High Court and the CJEU where the shape was subjected to further scrutiny and ultimately rejected as a trademark.