Can you perceive it? Breakthrough for Nestle 4 finger shape mark – CJEU speaks on test for acquired distinctiveness

Study trade mark law, they said. It will be easy, they said … Don’t you believe it. We go on about it all the time here at IP Whiteboard: trade mark law is incredibly nuanced. A recent example of this is the decision from Europe’s highest court (the CJEU) relating to our beloved Kit Kat read more...

Lies, damned lies and social media coverage of trade mark disputes – the TV programme previously known as “Glee”?

Remember when you could rely on social media for fair, unbiased and objective coverage of the news? Me neither. The facts did not get in the way of a good story when a virtual Twitter-storm erupted over the weekend around the tv show GLEE having to change its name in the UK. But is this read more...
Subjects: Trade marks

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“Do’hhhh …!!” or should that be “Dough …!!” – Panrico shuts out another Donut brand in Europe

It may be surprising to many that up until now it has been very difficult to register a trade mark containing DONUTS (or a variation): (a)   in respect of “donuts” (or, if you like, “round-shaped dough biscuits”); (b)   in Spain or as a Community Trade Mark. That is, unless you are Panrico SA. If you read more...
Subjects: Trade marks

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