![CA-2025-000801 - [2025] EWCA Civ 1341](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The issues and the way they were argued before the judge
The issues and the way they were argued before the judge
Iceland contends that the Trade Mark does not comply with either the first condition or the second condition discussed above, although I think it is fair to say that Iceland places more emphasis on the second condition. It does not appear that the parties clearly distinguished between the two conditions in argument before the judge. Although in many cases factors which lead to non-compliance with one condition will also lead to non-compliance with the other condition, this is not necessarily the case. The two conditions are independent and cumulative conditions, and it is better to consider them separately.
- 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