Flake Bake Ltd Secures Legal Victory in Trade Mark Dispute
Flake Bake Ltd, a leading supplier of Jamaican patties and bakery products in London, succeeded in a significant legal victory following a comprehensive decision by the UK Intellectual Property Office (UKIPO) in its favour. The case concerned a trade mark dispute with Flakey Bakes Ltd, which challenged Flake Bake Ltd’s right to register its ‘Flake Bake’ brand as a trade mark.
Represented by Ionic Legal, with Paul Cox and Rebecca Vanstone Vosper acting on behalf of Flake Bake Ltd, the company successfully defended its application to register the ‘Flake Bake’ trade mark and prevailed in its application to invalidate Flakey Bakes Ltd’s earlier registration for the mark ‘Flakey Bakes’.
Background
Flake Bake Ltd has operated since 2012, building a strong reputation for its high-quality Jamaican patties and related wholesale services, primarily in the London area. In February 2024, Flake Bake Ltd applied to register its brand as a UK trade mark for a range of bakery goods and related retail services. Flakey Bakes Ltd opposed this application, claiming a likelihood of confusion with its own registered mark for ‘Flakey Bakes’.
In response, Flake Bake Ltd applied to invalidate Flakey Bakes Ltd’s registration, arguing that the latter’s application was made in bad faith and that Flake Bake Ltd had established goodwill in its brand long before Flakey Bakes Ltd had entered the market.
The Decision
After reviewing extensive evidence, the UKIPO found in favour of Flake Bake Ltd on all key points:
- Bad Faith: The tribunal concluded that Flakey Bakes Ltd had registered its mark in June 2022 with the intention of undermining Flake Bake Ltd’s interests in a manner inconsistent with honest commercial practices, given the high similarity between the marks, the close proximity of the businesses, and the lack of a credible explanation for adopting such a similar name and packaging motifs.
- Goodwill and Passing Off: Flake Bake Ltd submitted evidence of trading from 2012, which included website screenshotsand evidence ofsignificant sales figures and a customer network of 318 customers. Flake Bake Ltd provided comprehensive evidence of continuous trading, branding and promotional activities, all under the “Flake Bake” name. The tribunal found this evidence sufficient to establish goodwill in the London area and that use of the ‘Flakey Bakes’ mark in relation to various foodstuffs and related retail services was likely to cause confusion and damage to Flake Bake Ltd’s reputation.
- Invalidation and Costs: Flake Bake Ltd’s application for invalidation succeeded in full, resulting in the cancellation of Flakey Bakes Ltd’s trade mark registration. Flake Bake Ltd was also awarded costs of £2,850.
This decision does not affect the validity of the Flake Bake figurative trade mark which has been registered since August 2025.
Statement from Flake Bake Ltd
“We are delighted with this outcome, which vindicates our longstanding commitment to quality and integrity in the bakery sector,” said Mike Williams, Managing Director of Flake Bake Ltd. “This decision protects our brand and ensures that our customers can continue to trust the Flake Bake name for authentic Jamaican patties.”
Quote from Paul Cox, Partner at Ionic Legal
“We are extremely pleased with the UKIPO’s decision, which recognises the longstanding goodwill and reputation that Flake Bake Ltd has built in the bakery sector. This outcome sends a clear message about the importance of honest commercial practices and the protection of established brands. It has been a privilege for Ionic Legal, and for me and Rebecca Vanstone Vosper, to support Flake Bake Ltd in defending its identity and ensuring fair competition in the marketplace.”
About Flake Bake Ltd
Founded in 2012, Flake Bake Ltd is a specialist producer and wholesaler of Jamaican patties, supplying restaurants, takeaways, bakeries, and retailers across London. The company is known for its distinctive branding, quality products, and strong community presence.