“Have A Break…Have A Kitkat”

Nestlé, which has the well known slogan “Have a break…have a KitKat” have applied to register “Have a break” in class 30 in respect of chocolate and confectionery. The question referred to the English Court of Appeal was thus as to whether part of the slogan could be considered to have acquired distinctive character. In order to prove that it has, the relevant consumer groups must be shown to understand that the element in question, when used separately, designates a product originating from a specific undertaking, distinguishable from products of other undertakings.