Jurisdiction(s):
United Kingdom

Court of Appeal on figurative trade marks: no precedence between image and description, colour hue specification, and separability of registrability conditions—Babek International v Iceland Foods [2025] EWCA Civ 1341

Published on: 06 November 2025

Published by a LexisNexis IP expert

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Article summary

Babek International Ltd v Iceland Foods Ltd [2025] EWCA Civ 1341

What are the practical implications of this case?

This decision adds clarity to how UK courts will evaluate trade marks comprising a visual element alongside a verbal description. The Court of Appeal held that interpretation must consider three aspects, and that none outweighs the others:

the classification as a figurative mark;
the image shown in the representation; and
the accompanying written description.

The court emphasised parity between these components. A verbal description of a figurative sign need not catalogue every slight visual nuance. Nevertheless, where a description is provided, applicants should ensure it aligns with the depicted image. Any inconsistency may expose the registration to invalidity challenges, on the basis that the trade mark lacks the requisite clarity and precision. In short, descriptions can be concise, but they must faithfully reflect the representation so that the overall filing is coherent and comprehensible to examiners, competitors and the public alike, without elevating text over imagery or vice versa...

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