Food companies seeking trademark registration for brands or slogans should demonstrate their popular association with particular products amongst consumers and industry professionals, the European Court of Justice has ruled.

Giving guidance to the UK Court of Appeal over whether Nestlé can secure trademark rights to "have a break…" for Kit Kat confectionary, the ECJ said companies should demonstrate a sufficient "proportion of (a) relevant class of persons…because of the mark, identify goods as originating from a particular undertaking". Also, opinions of "chambers of commerce and industry or other trade and professional associations" should be considered, plus assessments about market share and how long a mark has been used.