The firm said the amount of food waste per capita in Japan was estimated at 51kg per year, and domestic food loss (edible portion) exceeded 64 million tons per year. Convenience foods and snacks, The General Court explained that res judicata extends only to the grounds of a judgment which constitute the necessary support of its operative part and which are inseparable from it. This judgment clarifies the CJEU’s position on non-conventional trademarks, such as 3D marks. vOut = vOut.toLowerCase(); The court explained that there needs to be a distinction drawn between the facts to be proved and the means of proving such facts. This decision was annulled in its entirety by the General Court in 2016 based on the finding that the acquisition of distinctive character had been proved only for part of the territory of the EU. Subscribe, By Pearly Neo In China, BodyArmor is currently only available as an imported product exclusively found on the Coca-Cola Tmall store. Click 'Accept' to consent to cookies other than strictly necessary cookies or 'Reject' if you do not. Sapporo saw this as a chance to contribute to a sustainable society. Massive transformation is taking place in the food & beverage industry, shaped by shifting consumer trends in our rapidly changing world. “This includes machinery upgrades on the Milo manufacturing line, such as for new dryers with the latest technology, additional equipment for the filling process and extra automated packing lines.”​. By dismissing the appeal, the CJEU confirmed that acquired distinctiveness through use for the purpose of Article 7(3) of Regulation No 207/2009 needs to be proved in all member states and that proving it in substantial parts of the EU will not be sufficient. This sets the bar for the registrability of 3D marks very high. If evidence is not provided for a specific country, the other evidence may enable the finding of acquired distinctiveness if the member states can be grouped together depending on the field of business and the goods and/or services in question. Consequently, Mondelēz’s arguments that the Board of Appeal will be bound by the fact that the General Court dismissed particular submissions were incorrect. var vOut=""; Mondelez International CEO Irene Rosenfeld seemed to indicate the snack and candy giant is not interested in purchasing Nestle’s U.S. candy business, according to … As a whole, the entire establishment saw a total of some RM90mn (US$21.5mn) in investments to complete, some RM10mn (US$2.4mn) less than originally planned for​. Coca-Cola China is banking on the popularity of digital e-commerce in the country to introduce its second local sports drink BodyArmor​ to consumers via its Tmall store, along with other products only found in other global markets thus far. According to Article 1(2) of Regulation No 207/2009, an EU trademark has a unitary character: it has equal effect throughout the EU. dataLayer.push(dataLayerNews); “We are taking advantage of China’s digital eco-system and a range of e-commerce platforms to expand our touch points with consumers,” ​Coca-Cola Asia Pacific Leads Communications, Sustainability and Public Affairs Matt Echols told FoodNavigator-Asia and NutraIngredients-Asia​. It will be interesting to see how the Board of Appeal assesses the rest of the evidence before it and whether the outcome will now be different. The changes will be applied to 21 of its products made in or after March 2020. The application was opposed by … The trademark was registered for “sweets; bakery products, pastries; biscuits; cakes; waffles” in 2006 and Cadbury Schweppes, now Mondelēz, filed an application for a declaration of invalidity of this mark in 2007. “Blending two kinds of fruits makes [the drink] taste juicier and richer, which strengthens Fanta’s fruity flavour,”​ a Coca-Cola Japan spokeswoman told FoodNavigator-Asia​. Subscribe $(document).ready(function() { In 2012, EUIPO rejected that application and took the view that Nestlé’s mark had acquired distinctive character through use in the EU. “This second product from the Fanta Zeitaku (luxury) W series [has been made] with Cabernet and Chardonnay grapes.”​. In those cases, it is not necessary to submit separate evidence for each country, but the evidence must clearly refer to all these countries. Nestlé and the EUIPO referred to Chocoladefabriken Lindt & Sprüngli AG v OHIM, in which the court ruled that even if it is true that the acquisition by a mark of distinctive character through use must be proved for the part of the EU in which that mark did not, ab initio, have such character, it would be unreasonable to require proof of such acquisition for each individual member state. Throughout this time, multiple campaigns were started by consumers across both countries, either calling for its return or demanding that it be made into a permanent item. In the most recent turn of events in the long-running KitKat four-finger, chocolate, wafer snack, the Court of Justice of the European Union (CJEU) dismissed the appeals brought by Nestlé, the EUIPO and Mondelēz.