J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do.
The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world.
The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
The European Court of Justice today dismissed the appeal by
Nestlé in its long-running battle with Cadbury over the
shape of its KitKat chocolate bar.
The Court upheld the General Court's judgment that the
acquisition of distinctive character by a mark that was initially
devoid of inherent distinctive character must be shown throughout
the EU, and not only in a substantial part of the territory of the
EU.
The EUIPO must now reconsider whether the three-dimensional
shape of a '4 Finger KitKat' can be retained as an EU trade
mark.
A more detailed briefing on this decision and its implications
for trade marks will follow.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
