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ARTICLE · 19 JULY 2014

It's not easy being green: IP Australia rejects BP's colour trade mark application

DibbsBarker
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BP has encountered another setback in its quest to obtain trade mark protection for the brand colour in Australia.

AustraliaIntellectual Property
Stuart Green (Formerly With Dibbsbarker)
Stuart Green (Formerly With Dibbsbarker)
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Focus: BP p.l.c [2014] ATMO 59 (17 June 2014)
Services: Commercial, Intellectual Property & Technology

It was The Muppets' Kermit the Frog who memorably sang about how "it's not easy being green", but in a recent trade mark decision that is sure to make colour trade mark applicants sit up and take notice, BP has encountered another setback, in its quest to obtain trade mark protection for the colour in Australia.

A trade mark is a sign used in the course of trade to distinguish the goods or services of one trader from those of another. While the Australian Trade Marks Act 1995 (Cth) (the Act) allows for the registration of non-traditional signs such as colours, and the Australian Trade Marks Register includes a number of examples of colour trade marks that have obtained registration, the process of obtaining registration of colour trade marks remains far from easy.

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