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The blog of Brymer Legal Limited, a modern business law firm in Scotland. Wednesday, 3 January 2018. What is a distinctive shape? For some years now it has been possible to apply for registration of 3D shapes as trademarks. The court battle between Nestlé and Cadbury over whether the 4-fingered KitKat bar could be registered as a 3D trademark illustrates some of the difficulties. 2 The case progressed to the Courts with judgment in favour of Cadbury.
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