Court of Appeal Upholds Position Mark Invalidation

The Court of Appeal has upheld the High Court’s decision to invalidate six UK position mark registrations owned by Thom Browne in proceedings against Adidas. Position marks combine a visual element with its specific placement on goods, deriving distinctiveness partly from that positioning. The registrations were found invalid because they did not constitute a single sign capable of clear and precise representation. The descriptions and images together encompassed a multiplicity of signs, creating uncertainty about scope and failing the requirements for registrability under the Trade Marks Act 1994. The Court confirmed that permissible variations must still allow the public to perceive the same mark without confusion as to origin. While the EUIPO had reached a different conclusion on equivalent marks, UK courts are not bound by that outcome. The ruling highlights the challenges in protecting non-traditional marks that seek broad positional coverage.

Small businesses should ensure position mark applications use precise, consistent descriptions and images limited to clearly defined placements to reduce invalidity risks.

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**Sources**

- <https://www.taylorwessing.com/en/insights-and-events/insights/2026/01/bu-court-of-appeal-confirms-registrability-criteria-for-position-marks> - <https://www.ipo.gov.uk/t-challenge-decision-results.htm>