ECJ Advocate General Issues Opinion On Nestle's Plans To Trademark Slogan

by Ulrika Lomas, for LawAndTax-News.com, Brussels

28 January 2005

Swiss chocolate firm, Nestle S.A. was disappointed this week following the delivery of an opinion by an European Court of Justice Advocate General with regard to its attempt to lay sole claim to the slogan "Have a Break".

Nestle uses the phrase in conjunction with its Kit Kat bars, and in 1995 sought to register the slogan for all of its products. Rival firm Mars objected, however, and the UK authorities blocked the claim, arguing that the phrase lacked an inherent or distinct character which would allow it to be trademarked.

Following Nestle's appeal, the UK asked the ECJ to rule on the matter. According to reports, ECJ Advocate General, Juliane Kokott announced on Thursday that the phrase had not acquired a sufficiently "distinctive character" to be trademarked, despite its long association with the Nestle product.

Although the matter remains to be decided by the full court, and will then be returned to the UK courts for confirmation, the opinions of the ECJ advisors are generally followed in such cases.

Recommended