Trademark infringements

Throwing (out) some shapes

On 20 January 2016, Mr Justice Arnold of the High Court held two distinctive shapes (Nestlé’s KitKat chocolate bar and the London taxi) were incapable of registration as trade marks. Before turning to Mr Justice Arnold’s decisions, summarised below are the general requirements a mark (including shapes) must meet in order to be registered as a trade mark, as well as relevant exclusions.

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