IP-2024-000037 - [2025] EWHC 547 (IPEC)

The second condition, capable of graphic representation, runs two statutory points together: first, that the sign is capable of being represented in the register and secondly that such representation enables the registrar and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor.

The first means that the sign must be capable of being represented visually, by means of images, lines or characters (see Heidelberger Bauchemie at [25]).

Since Nestlé the courts have been less concerned with whether there is a sign or whether it is capable of being represented in the register and more concerned with clarity and precision.