The Court held that stylised product depictions on dishwashing capsule packaging do not constitute trade mark use when displayed alongside prominent brand names, as they function to differentiate product variants within a brand rather than indicate commercial origin. The Court found that use of a registered mark solely as a component of a composite logo (the red dot in 'FINISH') does not constitute use of the mark in isolation for non-use purposes. The Court also held that in a cluttered packaging environment with prominent brand names, consumers rely primarily on brand names rather than product depictions to identify commercial source.
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