Philips Five Remington -- The Result

A truthful cat inwards the populace gallery has notified the IPKat of the number of today's Court of Appeal conclusion on Philips v Remington:

• The Court of Appeal upheld Rimer J's judgment on the 452 mark, finding inwards Remington's favour. The clover leafage chemical component subdivision was a mere embellishment in addition to non an essential characteristic of the shape. This left the master copy "three head" score which was business office in addition to thus barred from registration nether s.3(2) of the Trade Marks Act 1994.

• The Court of Appeal constitute inwards Philips' favour on the registrability of the device marks (pictures of iii headed shavers). These were abstract in addition to non-technical pictures. As such, they did non constitute the cast of the goods in addition to and so did non autumn inside s.3(2).
  
• The Court of Appeal did non ask to regard whether in that place was populace recognition of the cast score since. Public recognition was relevant to acquired distinctiveness, simply non to the prior enquiry of functionality nether s.3(2).

thinks that this all sounds real sensible. He looks frontwards to bringing you lot to a greater extent than detailed analysis inwards due course.