UKIPO Decides Flake Bake Trademark Clash

Two small UK companies locked horns at the UKIPO over near-identical marks for pastries and bakery retail services. Flake Bake Ltd applied in February 2024 to register “Flake Bake” in classes 30 and 35. Flakey Bakes Ltd opposed on relative grounds under section 5(2)(b), relying on its earlier “Flakey Bakes” registration filed in December 2021. In response, Flake Bake Ltd sought invalidation of the earlier mark, alleging passing off and bad faith. The Tribunal consolidated the actions and, after reviewing evidence of use and trading histories, issued its decision on 30 June 2026. The ruling addressed similarity of marks and goods, the scope of claimed goodwill, and whether the later filing showed dishonest intent. Both parties are represented by specialist IP firms and operate in overlapping bakery supply and retail sectors.

Small businesses should conduct thorough clearance searches before filing marks in crowded sectors to avoid costly consolidated proceedings.