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The European Court of Justice (ECJ) has recently made its decision in the landmark case of Societe des Produits Nestle SA v Mars UK Limited. The ECJ’s decision was issued in response to a reference from the English Court of Appeal, which had been tasked with deciding whether or not to allow Nestle’s UK trademark application for the mark ‘Have a Break’ to proceed. Nestle already owns UK registrations for ‘KitKat’ and ‘Have a Break, Have a KitKat’ for various chocolate, confectionery and biscuit products.

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