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Reports of Patent, Design and Trade Mark Cases 2005 122(3):77-87; doi:10.1093/rpc/2005rpc5
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© Crown Copyright

[2005] R.P.C. 5

NESTLÉ SA'S TRADE MARK APPLICATION

Court of Appeal

(Lord Phillips of Worth Matravers, M.R., Mummery and Chadwick L. JJ.): July 26, 20041

[2004] EWCA Civ 1008(Ch); [2005] R.P.C. 5

Trade mark—Application—Opposition—"Mint with a hole"—Mark accepted subject to limitation—Appeal to High Court 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—Mark rejected as a whole—Appeal to the Court of Appeal.

Key Words: Amendments • Applications • Restrictions • Trade marks

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


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