CA-2025-000162 - [2025] EWCA Civ 1340

It can be seen that all of the Trade Marks comprise both a pictorial representation and a written description. As is common ground, under the applicable legislation, the inclusion of such a written description was optional. Furthermore, if the applicant for registration of a trade mark chose to exercise that option, the wording of the written description was entirely a matter for the applicant. The relationship between the pictorial representations and the written descriptions in the Trade Marks is central to the issues on this appeal.

It may be helpful to explain at this juncture that, as the judge noted at [122(b)], it is common ground that the expression “graphical representation” used in the legislation discussed below embraces both pictorial representations and written descriptions.