CA-2025-000801 - [2025] EWCA Civ 1341

It can be seen that the Trade Mark comprises 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 representation and the written description in the Trade Mark is central to the issues on this appeal.

It may be helpful to explain at this juncture that it is common ground that the expression “graphical representation” used in the legislation discussed below embraces both pictorial representations and written descriptions.