Nestle v Mars UK Ltd (Approximation Of Laws): ECJ 7 Jul 2005

Europa Trade marks – Directive 89/104/EEC – Absence of distinctive character – Distinctive character acquired through use – Use as part of or in conjunction with a registered trade mark.
‘An applicant who agrees that the rights conferred by registration shall be subject to a limitation is agreeing, in effect, that the use of the mark outside the limitation is not to be treated as an infringement of the mark notwithstanding that such use would, otherwise, fall within s.10 of the Act.’
C-353/03, [2005] EUECJ C-353/03, [2005] RPC 77, Times 20-Jul-2005
Reference fromSociete Des Produits Nestle Sa v Mars UK Limited CA 26-Jul-2004
The appellant had sought to register as a trade mark the shape of a polo mint. The objector said it lacked sufficient distinctive character. The appellant sought to amend the specification of the trade mark to limit its application as to the goods . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.228462