Tibby tries to get to the bottom of this problemThe fate of the Kit Kat chocolate wafer biscuit finger shape in Europe remains in the balance, as the judges in the Court of Justice of the European Union (CJEU) chew over its legal nature: is it merely a generic product shape or is it, by virtue of its long relationship with generations of consumers, a distinctive sign that is entitled to be registered as a trade mark? Conventional wisdom has it that the product shape has no prospect of registration in light of the advice given to the CJEU by the Attorney General, but trade mark enthusiast and seasoned practitioner Roland Mallinson (Taylor Wessing LLP) wonders whether this view is wrong. Has the obituary for this trade mark application been written too early, or have supporters of the case for registrability bitten off more than they can chew? This is what Roland has to say:In June, CJEU Advocate General Wathelet issued his opinion…
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