Registrability in UK Law
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Red Bull Gmbh v Sun Mark Ltd and Another
... ... 1994, to which the European Union and all its Member States are parties, provides as follows: "Members may make registrability [of a trademark] depend on use. However, actual use of a trade mark shall not be a condition for filing an application for registration. An ... ...
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Digipos Store Solutions Group Ltd v Digi International Inc.
... ... Such issues have arisen both in the context of disputes over registrability of a later mark and in the context of infringement proceedings, as the authorities show. Authorities ... 26 ... ...
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Re Smith Kline & French Laboratories Ltd's Applications
... ... 15 I turn from the statute to the cases. There is no English authority that is directly in point; but the registrability of what are substantially identical trade marks under the Australian Trade Marks Act was considered by Windeyer J. in Smith Kline and French ... ...
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Whirlpool Corporation and Others v Kenwood Ltd
... ... 12 The required approach to assessment under Article 7(1)(b) in cases relating to the registrability of three-dimensional shapes has repeatedly been summarised by the ECJ in terms to the following effect 12 : 23. …it is settled case-law ... ...
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Procter & Gamble Company v Reckitt Benckiser (UK) Ltd
... ... 17 The recital is actually framed around the requirement for registrability—whether the design has “individual character”—rather than the test for infringement. Curiously the reference to the “existing design ... ...
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W3 Ltd v Easygroup Ltd
... ... Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Community. 3. Paragraph 1 (b), (c) and (d) shall not apply if the trade mark has become distinctive in relation ... ...
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Koninklijke Philips Electronics NV v Remington Consumer Products Ltd and Another
... ... 'in substance' because I do not believe that shapes with trivial embellishments or variants are outside the exclusion from registrability. Applying that test I conclude that the shape registered as a trade mark consists exclusively of a shape which is necessary to obtain a ... ...
- Comic Enterprises Ltd v Twentieth Century Fox Film Corporation
- Societie des Produits Nestle v Mars UK Ltd
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Bignell v Just Employment Law Ltd
... ... 7(2) of Regulation No 40/94 which provides that a trade mark is not to be registered notwithstanding that the grounds of non-registrability [laid down in Article 7(1)] obtain in only part of the Community ... 26 Article 7(3) of Regulation No 40/94 must be read in the light of that ... ...
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