Societe des Produits Nestle SA v Cadbury UK

European Union – Trade marks. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art 3(1)(b) and (e)(i) and (ii) of Directive (EC) 2008/95 (to approximate the laws of the member states relating to trade marks). The request had been made in proceedings between Société des Produits Nestlé SA (Nestlé) and Cadbury UK Ltd concerning the notice of opposition filed by the latter against Nestlé's application to register as a trade mark in the United Kingdom a three-dimensional sign representing the shape of a four finger chocolate-coated wafer.

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