Kabushiki Kaisha Yakult Honsha's Trade Mark Application (Nos.1260017 and 1560018)
| Jurisdiction | England & Wales |
| Year | 2001 |
| Date | 2001 |
| Court | Chancery Division |
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22 cases
- Macphee v Peters Foods Australia Pty Ltd(in Liq)
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Nation Fittings (M) Sdn Bhd v Oystertec Plc and Another Suit
...the function of identifying origin: see, for example, the English High Court decision of Yakult Honsha KK’s Trade Mark Application [2001] RPC 39 at [10]. And there are a great many instances where the application for such a (shape) mark has in fact been unsuccessful: see, for example, in ad......
- Vibe Technologies Ltd's Application No 2390030
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O2 Holdings Ltd (formerly O2 Ltd) v Hutchison 3G Ltd (No 2)
...offered by one provider of telecommunications services from those of another. I agree. 69 In Yakult Honsha KK's Trade Mark Application [2001] RPC 39 Laddie J said of inherent distinctiveness: "Where inherent distinctiveness is concerned, the Registry has to find that the mark performs the f......
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2 books & journal articles
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The Elusive Distinctivenes of Trade Dress in Eu Trademark Law
...E.C.R. I-08109, ¶ 53; see also Dyson Ltd's TM Applications, [2003] EWHC 1062 (Ch) RPC [34]; Yakult Honsha KK's Trademark Application, [2001] RPC 39, 756, 759 ¶ 10 (even though the Yakult bottle might be recognized as "different" to other bottles on the market on account of being both new an......
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Intellectual Property Law
...descriptive of the goods in respect of which the application for registration is made (see, eg, Yakult Honsha KK”s Trade Mark Application[2001] RPC 39). This is determined by reference to the goods in respect of which registration is sought as well as the perception of the relevant average ......