07/02/2005
Nestlé fights for have a break trademark
Mars UK has opposed the application, claiming the phrase lacks sufficient distinctive character. The case was referred to the European Court of Justice (ECJ) for a preliminary ruling, and an official has now recommended using focus groups to discover whether consumers associate these words with the snack as a legal test.
“Consumer groups must be shown to understand that the element in question, if used separately, designates a product”, said ECJ advocate general Juliane Kokott.