The ECJ has given a preliminary ruling on questions referred to it by the English High Court in relation to registration of the three-dimensional shape mark of the KIT KAT chocolate bar. (Société des Produits Nestlé SA v Cadbury UK Ltd, Case C-215/14, 16 September 2015.)

NOTE: On 20 January 2016, the High Court dismissed Nestle's appeal and allowed Cadbury's cross-appeal against the decision of the hearing officer (see Legal update, High Court rules on registrability of 3D chocolate bar trade mark). On 17 May 2017, the Court of Appeal upheld the High Court's decision (see Legal update, Court of Appeal upholds decision that 3D chocolate bar shape mark was not registrable). (See details of Practical Law IP&IT and Media & Telecoms policy on annotating case reports.)