After an initial refuse of the examination division, the European Trademark 002632529 has been granted after an appeal procedure.
The European Trademark 002632529, below reported, is a shape trademark of the famous snack KITKAT®.
The owner of the trademark (Société des Produits Nestlé S.A.) demonstrated, during the appeal procedure, that the shape of the KitKat® was spontaneously recognized by the public in ten member state of the European Union (which represented over 80% of the overall EU population) proportions varying from 30 % (Finland) to 88 % (UK).
Therefore, appeal commission, established the acquisition of distinctive character, the so called secondary meaning.