![CA-2025-000162 - [2025] EWCA Civ 1340](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The third condition
The third condition
It is not necessary to discuss this in detail for the purposes of the present appeal. It is sufficient to note that a sign is only incapable of distinguishing the goods or services of one undertaking from those of other undertakings for the purposes of Article 2 if it is incapable of distinguishing the former from the latter irrespective of the goods or services in relation to which it may be used: see Case C-363/99 Koninklijke KPN Nederland NV v Benelux-Merkenbureau [2004] ECR I-1619 at [80]-[81] and Case C-421/13 Apple Inc v Deutsches Patent- und Markenamt [EU:C:2014:2070] at [20]-[21].
- Heading
- Introduction
- The Trade Marks
- Pictorial representations and written descriptions
- Position marks
- The legal framework
- The first condition
- The second condition
- The third condition
- The issues and the way in which they were argued before the judge
- Points which are not in issue on the appeal
- A point which does not matter
- The judge’s judgment on the live issues
- The grounds of appeal
- Standard of review
- Ground 1
- Ground 2
- Ground 3
- Ground 4
- The foreign decisions
- Conclusions