ECJ guidance in Kit Kat trademark case

The European Court of Justice has given guidance back to the UK Court of Appeal over whether Nestlé can secure trademark rights to “have a break…” for Kit Kat confectionary. The ECJ said companies should demonstrate a sufficient “proportion of relevant class of persons, because of the mark, identify goods as originating from a particular undertaking”. Also, opinions of “chambers of commerce and industry or other trade and professional associations” should be considered, plus assessments about market share and how long a mark has been used.