The court was asked whether a trade mark consisting of the shape of goods (a three headed rotary electric shaver) could be valid. In earlier proceedings a representation had been found incapable of registration representing only the function of the goods. The new mark was a more graphic representation, and did not consist exclusively of the shape of the goods. The judge had found insufficient differences to allow registration.
Held: The judge was entitled on the evidence before him to reach the conclusion he had, and had correctly applied the law as set down by the ECJ. No reference back to eth ECJ was required, but the appeal by Philips as to the device marks succeeded, they were not invalid by reason of section 3(2)(b) or 3(1)(b) or (c).
Mummery LJ
[2006] EWCA Civ 16
Bailii
Trade Marks Act 1994 3(2)(b)
England and Wales
Citing:
See Also – Philips Electronics Nv v Remington Consumer Products Ltd ChD 2-Feb-1998
It was a misuse of Trade Mark legislation to seek permanently to prevent the use of a substantial engineering design idea which was underlying the mark for which protection was sought. The judge revocation of the registration of the claimant’s mark . .
Cited – Philips Electronics Nv v Remington Consumer Products Limited CA 5-May-1999
The court referred to the European Court of Justice the question of whether the arrangement of three heads on a razor was functional, and so was not capable of protection as a trade mark. . .
Cited – Koninklijke Philips Electronics NV v Remington Consumer Products Ltd ECJ 18-Jun-2002
The claimant developed a three headed rotary razor for men. They obtained registration of the arrangement as a trade mark. They sued the defendant for infringement, and the defendant countered challenging the validity of the registration, saying the . .
Appeal from – Koninklijke Philips Electronics NV v Remington Consumer Products Ltd and Another ChD 21-Oct-2004
The claimant alleged infringement of its trade mark. It registered a two dimensional mark which represented its razor which had three rotary blades on the head of the razor. The defendant manufactured and sold a similar design, and counterclaimed . .
Cited – David West Trading As Eastenders v Fuller Smith and Turner Plc CA 31-Jan-2003
The appellant sought a declaration of invalidity as regards the defendant’s registered mark ‘ESB’. It was claimed to have come to be used as a general designation of certain kinds of beer.
Held: The Philips decision appeared to supercede the . .
These lists may be incomplete.
Updated: 26 March 2021; Ref: scu.238133
