Babek International Ltd v Iceland Foods Ltd [2025] EWCA Civ 1341 (23 October 2025)

Babek International Ltd v Iceland Foods Ltd [2025] EWCA Civ 1341 (23 October 2025)

The trade mark is valid as a single sign depicted in the pictorial representation; the written description is a concise attempt to describe it and does not create ambiguity or inconsistency. The absence of Pantone numbers does not affect clarity or precision. The mark complies with the first and second conditions for registrability.

Citation
[2025] EWCA Civ 1341
Parties
Claimant/respondent: Babek International Limited; Defendant/appellant: Iceland Foods Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2025
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Trade Mark Registration, Trade Mark Validity, Graphical Representation, Written Description, Colour Specification
Intellectual Property Trade Mark Registration Trade Mark Validity Graphical Representation Written Description Colour Specification

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Parties

Babek International Limited

Claimant/respondent

Iceland Foods Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trade mark complies with the requirements for registrability under the Trade Marks Act 1994 and relevant EU directives
  2. 2 Whether the pictorial representation and written description are consistent and sufficiently clear and precise
  3. 3 Whether the absence of Pantone numbers or precise colour specification renders the mark invalid

Ratio Decidendi

The trade mark is valid as a single sign depicted in the pictorial representation; the written description is a concise attempt to describe it and does not create ambiguity or inconsistency. The absence of Pantone numbers does not affect clarity or precision. The mark complies with the first and second conditions for registrability.

Court Disposition

Appeal dismissed

Orders

  • Trade mark registration upheld
  • No order as to costs specified