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.
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:
If public see it as indicating COMMERCIAL origin
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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