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

It is important to note a number of points which were either common ground before the judge or as to which there is no challenge to the judge’s determination.

First, as the judge recorded at [142(e)], it was common ground that the inclusion in the register entries for the Pure UK Trade Marks of the statement “Trade mark type Three dimensional mark” did not affect the issues she had to decide.

Secondly, the judge held, for example at [181], that it was necessary in each case to read the pictorial representation and the written description together.

Thirdly, the judge held at [202], [218] and [240] that the inclusion in the written descriptions of the Pure UK Trade Marks of the words “as illustrated below” did not limit those Marks to what was shown in the respective pictorial representations.

Fourthly, the judge held at [147]-[153] that all of the Trade Marks were properly to be interpreted as limited to (i) stripes of matching colour on a contrasting (i.e. differently coloured) background and (ii) stripes of equal width, equally spaced and of equal length.

Fifthly, the judge held, for example at [179], that, although the pictorial representations only showed the stripes on one sleeve, leg or side, the Trade Marks were properly to be interpreted as meaning that the stripes could be on the other sleeve, leg or side (or on both).