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Court of Appeal (England and Wales) upholds Babek gold oval 'BABEK' trade mark; Iceland's invalidity challenge fails; 'embossed' description held consistent with image

Published on: 29 October 2025

Published by a Law360 reporter
Legal News
Article summary

The Court of Appeal concluded that Babek International Ltd’s trade mark—a gold oval featuring embossed ‘BABEK’ lettering—has a written description that accords with its visual depiction. Accordingly, Justice Richard Arnold stated that it is a single sign, namely the sign shown in the image, and is capable of registration. The judgment further notes that, contrary to Iceland’s contention, the verbal description does not conflict with the pictorial element, nor does it generate any uncertainty or ambiguity about the subject matter of the registration. The dispute originates from Babek’s March 2024 allegation that Iceland, without authorisation, used a gold ‘BABEK’ logo protected as a trade mark on its own meat products, even after Babek ceased supplying meat goods to the supermarket in 2020...

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