A cat in the public gallery has notified the IPKat of the outcome of today's Court of Appeal decision on
Philips v Remington:
- The Court of Appeal upheld Rimer J's judgment on the 452 mark, finding in Remington's favour. The clover leaf element was a mere embellishment and not an essential feature of the shape. This left the original "three head" mark which was function and hence barred from registration under s.3(2) of the Trade Marks Act 1994.
- The Court of Appeal found in Philips' favour on the registrability of the device marks (pictures of three headed shavers). These were abstract and non-technical pictures. As such, they did not constitute the shape of the goods and so did not fall within s.3(2).
- The Court of Appeal did not need to consider whether there was public recognition of the shape mark since. Public recognition was relevant to acquired distinctiveness, but not to the prior question of functionality under s.3(2).
The IPKat thinks that this all sounds very sensible. He looks forward to bringing you more detailed analysis in due course.