Babek International Limited v Iceland Foods Limited

Babek International Limited v Iceland Foods Limited

The trade mark as registered constitutes a single sign as depicted in the pictorial representation, with the written description serving as a concise summary. There is no inconsistency or ambiguity between the elements, and the requirements for clarity, precision, and graphical representation are satisfied. The appeal is dismissed.

Parties
Claimant/respondent: Babek International Limited; Defendant/appellant: Iceland Foods Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (ipec)
Outcome
Appeal dismissed
Legal Topics
Trade Mark Registrability, Graphical Representation, Written Description in Trade Mark Applications, Interpretation of Trade Mark Registrations, Precision and Clarity in Trade Mark Law
Intellectual Property Trademark Law Trade Mark Registrability Graphical Representation Written Description in Trade Mark Applications Interpretation of Trade Mark Registrations Precision and Clarity in Trade Mark Law

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Parties

Babek International Limited

Claimant/respondent

Iceland Foods Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (ipec)

Legal Issues

  1. 1 Whether the trade mark as registered complies with the requirements for registrability under the Trade Marks Act 1994 and relevant EU law, specifically the requirements for a sign, graphical representation, and clarity/precision.
  2. 2 Whether the written description and pictorial representation of the trade mark are consistent and sufficiently clear to define the subject matter of protection.

Ratio Decidendi

The trade mark as registered constitutes a single sign as depicted in the pictorial representation, with the written description serving as a concise summary. There is no inconsistency or ambiguity between the elements, and the requirements for clarity, precision, and graphical representation are satisfied. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.