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Law Cases
Intellectual Property Law Cases
Trademarks 1 Cases

Philips Electronics NV v Remington Consumer Products Ltd [2002] Case C-299/99

Country:
United Kingdom
By Oxbridge Law Team
Held

  • Philips was previously the monopoly supplier of three-headed shavers to UK market. Sought to register three-headed shape as a trade mark.

  • In light of problems due to lack of distinctiveness, Philips claimed product had acquired distinctiveness through us.

Held

  • Fact that Philips had monopoly does not stop the sign having become distinctive through use.

  • However even if public recognise sign, has only become distinctive:

    1. If public see it as indicating COMMERCIAL origin

    2. And if its prior use was as a trade mark

  • I.e. even if three-headed shaver was associated with Philips, must be shown that this was through it having been used as a trade mark, and not simply because the public liked the shape of the head

  • Left to national court to decide.

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