![CA-2025-000801 - [2025] EWCA Civ 1341](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The grounds of appeal
The grounds of appeal
Iceland appeals on six grounds:
In applying his “capacity to distinguish” test, the judge applied the wrong test to determine when colour hues must be specified.
Alternatively, even if the “capacity to distinguish” test is the right test, the judge failed to apply that test correctly.
The judge erred in law as to the effect of the categorisation given to a trade mark.
The judge failed to apply the principle that, where a pictorial representation and a written description are both provided, neither has precedence over the other.
The judge took into account irrelevant matters.
The judge made findings that are internally inconsistent or not rationally supportable.
- Heading
- Introduction
- The Trade Mark
- Pictorial representations and written descriptions
- The legal framework
- The first condition
- The second condition
- The third condition
- The issues and the way they were argued before the judge
- The judge’s judgment
- The grounds of appeal
- Standard of review
- Ground 1
- Ground 3
- Ground 4
- Ground 5
- Reconsideration
- Conclusions