Cadbury secure colour trademark
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10 October 2012
Cadbury win court battle for trademark of
the colour purple
Cadburys have recently won a court battle that has given them the right
to register the distinctive purple colour they use for their milk
chocolate as a trademark. Cadbury first applied to register the colour
(pantone 2685c) in 2004 but faced a number of difficulties in securing
Nestle another major player in the confectionary market appealed to the
High Court arguing that the colour trademark should not be registered
as it was not a sign capable of being represented graphically and a
colour should not be trademarked in order to give a commercial
advantage, however Nestles appeal was rejected.
In a previous colour trademark case (Libertel (C-104/01) the court
commented that single colours will only in exceptional circumstances be
capable of denoting the origin of a product, as customers do not
generally make an assumption as to the origin of the goods based on
their colour or their packaging.
High Court Judge, Colin Briss stated in support of Cadbury, that the
evidence provided by Cadbury suggested that the shade of purple used by
Cadbury was indeed distinctive for their milk chocolate and the public
associated the purple colour with the Cadbury milk chocolate. Cadbury
had also used the shade of purple for their milk chocolate bars since
Cadbury now have the purple shade trademark for the following:
- Milk chocolate in bar and tablet form.
- Drinking Milk chocolate.
- Preparations for making drinking milk chocolate.
By Rehana Ali, a paralegal at Lawdit Solicitors that can be contacted
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
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Higher Court Advocates and we are the appointed Solicitors to the
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Article Published/Sorted/Amended on Scopulus 2012-11-29 09:08:13 in Legal Articles