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Reports of Patent, Design and Trade Mark Cases 2004 121(14):548-555; doi:10.1093/rpc/2004rpc27
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 27

NESTLÉ SA'S TRADE MARK APPLICATION

High Court of Justice (Chancery Division)

(Lloyd J.): December 9, 20031

[2003] EWHC 3052 (Ch), [2004] R.P.C. 27

Trade mark—Application—Opposition—"Mint with a hole"—Mark accepted subject to limitation—Appeal by applicant against specific limitation—Cross-appeal by respondent—Whether limitations amounted to material change to the identity of the mark—Whether permissible to impose limitations—Whether mark should be rejected as a whole.

Key Words: Appeals • Applications for registration • Restrictions • Trade marks

1 Paragraph numbers in this judgment are as assigned by the court.


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