Court of Appeal Invalidates Adidas Stripe Position Marks

The UK Court of Appeal has upheld the invalidity of six Adidas position trade marks featuring three stripes on clothing, footwear and related goods. In Thom Browne Inc v Adidas AG, the court confirmed that the marks failed the requirements for registrability under the Trade Marks Act 1994. The registrations did not represent a single, identifiable sign and lacked the necessary clarity and precision in their graphical representations and written descriptions. The inconsistencies allowed for an impermissible range of variations not shown in the filed images. The decision, handed down on 23 October 2025, followed a High Court ruling that had already declared eight of sixteen challenged marks invalid. A parallel Court of Appeal case, Babek International Ltd v Iceland Foods Ltd, addressed similar issues of precision in trade mark descriptions.

Small-business owners should draft trade mark specifications with exacting clarity to withstand validity challenges.