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.
