Babek International Limited v Iceland Foods Limited & Anor
The trade mark, as registered, satisfied the requirements of clarity and precision under s.1(1) of the Trade Marks Act 1994. The visual representation and written description, considered together, were not inconsistent or ambiguous. The absence of pantone numbers or precise hues did not result in a multitude of forms or lack of clarity. The reasonable reader would understand the mark as a figurative mark with the features shown. The Sieckmann criteria were met and the trade mark was validly registered.
Source excerpt
- Trade marks
- Trade mark registration
- Invalidity
- Clarity and precision
- Figurative marks
- Colour marks