Nescafe shape mark disaster again following German Court Nespresso ruling

There has been much discussion over recent years, in respect of 3D trade marks and their future in Europe.

One company that has been in the centre of this discussion is Nestle.

Nestle have fought for years to register the shape of their four finger KitKat bar as a 3D trade mark, only to be refused left right and centre for many reasons.

After their last defeat in the Court of Justice for the European Union sparked them to take the matter to the last attempt with an appeal to the Supreme Court.

However, it seems that the KitKat clash is not the only 3D trade mark issue Nestle have to worry about.

Nestle have a number of smaller brands under its umbrella, including coffee lovers favourite, Nespresso.

Nespresso are known for being the must have coffee machine for any coffee fan to have at home.

In order to get the fresh coffee experience, Nespresso create coffee capsules to put in the machine in order to make the owners favourite beverage.

Nestle had protected the shape of these capsules internationally, including in Germany.

The protection is no longer as Germany’s Federal Patent Court annulled the 3D trade mark this week.

The grounds for doing so were cited as the shape was purely for a technical function and was therefore not distinctive.

Yet another trade mark blow for Nestle and yet another sign that 3D trade marks will not be around for years to come.

If you would like more information on how to protect your brand, contact The Trademarkroom team today.

By Ellis Sweetenham