IP-2024-000037 - [2025] EWHC 547 (IPEC)

The Trade Mark is which was derived from an EU trade mark following Brexit. The parent EU trade mark was revoked for non-use from 4 April 2022. The Trade Mark takes the form of this device:

Babek is kebab spelt backwards. The Trade Mark is registered for goods and services including specified foods and drinks in class 29.

This is the description in the registration of the Trade Mark on the file of the UK Intellectual Property Office (UKIPO):

Iceland is the owner of the well-known supermarket chain. It is common ground that Iceland sold goods bearing a sign identical to the Trade Mark and that they were goods in respect of which the Trade Mark is registered. The defence to infringement is that the sales were made with the consent of a former proprietor of the Trade Mark or under the licence of a third party who had authorisation to license the Trade Mark.