Jurisdiction(s):
United Kingdom

UK and EU IP weekly: trade marks (clarity and costs capping), designs appeal, EUIPO GenAI copyright study, and permanent UK+ IP exhaustion regime—22 May 2025

Published on: 22 May 2025

Published by a LexisNexis IP expert

Legal News

Article summary

In this issue:

Trade marks/passing off
Designs
Copyright & associated rights
General IP
Daily and weekly news alerts
New and updated content
Dates for your diary
Trackers
Useful information

Trade marks/passing off

Clarity and precision requirements for visual and verbal descriptions of trade marks (Babek v Iceland)

The Intellectual Property Enterprise Court dismissed Iceland Foods Ltd’s bid for summary judgment on its invalidity counterclaim against Babek International Ltd’s UK trade mark 907527963, holding the mark remains validly registered under sections 1(1) and 3(1) of the Trade Marks Act 1994. Because the sign’s meaning and scope were sufficiently clear and precise, there was no basis to attack the registration under section 47 TMA 1994. The court declined an overly pedantic reading of the registration and relevant case law, preferring a pragmatic approach. Babek’s infringement claim will therefore proceed. The decision serves as a reminder to trade mark practitioners that clarity and precision must be front and centre when drafting graphical representations and written descriptions in trade mark applications...

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