August Storck AG v OHIM, EU General Court
Hot on the heels of Nestlé’s trade mark battle with Cadbury over protecting the shape of its Kit Kat bars, another chocolate trade mark case has made its way through the European courts. This time, it was the European Union General Court rejecting an application to register 2GOOD as a European Community Trade Mark, confirming the OHIM ruling that the mark was not sufficiently distinctive and was a laudatory expression about the goods for English-speakers. Combining “2” with “good” would suggest that it was extremely good. Well, it may be, but that is not enough to get trade mark protection.