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Reports of Patent, Design and Trade Mark Cases 2005 122(8-9):306-317; doi:10.1093/rpc/2005rpc14
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© Crown Copyright

[2005] R.P.C. 14

BONGRAIN SA'S TRADE MARK APPLICATION

Court of Appeal

(Potter, Longmore and Jacob L.JJ.) : December 3 and 17, 20041

[2004] EWCA Civ 1690; [2005] R.P.C. 14

Trade mark—Application—Three-dimensional shape mark—Strikingly unusual shape for cheese—Whether mark devoid of distinctive character—Whether unusual nature of shape in itself sufficient to confer distinctive character—Whether shape must convey trade mark significance—Whether mark had acquired distinctive character through use—Refusal of registration by Registry and High Court—Appeal to Court of Appeal—Criticism of acceptance of evidence submitted piecemeal to Registry—Trade evidence—Mere assertion and guesswork not sufficient.

Key Words: Distinctiveness • EC law • Shape • Sufficiency of evidence • Three dimensional marks

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


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