![CA-2025-000801 - [2025] EWCA Civ 1341](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The Trade Mark
The Trade Mark
The Trade Mark was registered with effect from 16 January 2009 in respect of goods and services in Classes 29 and 42. It comprises the pictorial representation shown below.
When Babek’s predecessor in title, Bulent Hepurker (apparently acting in person), filed the application to register the Trade Mark, he completed the form as follows:
“Type of mark figurative
Representation of the mark attached
Colour claimed
Indication of colour(s) Gold and Black
Description of the mark Gold Oval with Embossed BABEK writing”.
The Trade Mark is a so-called “comparable” UK trade mark which replaced an EU (originally Community) trade mark as a result of Brexit. The entry for the Trade Mark on the UK Register makes no mention of the Trade Mark being a figurative mark. The other information supplied by Mr Hepurker is included with the modification that the words “Colour claimed: Gold, black” appear as part of the description of the mark rather than separately.
- Heading
- Introduction
- The Trade Mark
- Pictorial representations and written descriptions
- The legal framework
- The first condition
- The second condition
- The third condition
- The issues and the way they were argued before the judge
- The judge’s judgment
- The grounds of appeal
- Standard of review
- Ground 1
- Ground 3
- Ground 4
- Ground 5
- Reconsideration
- Conclusions