Liberalisation of Single-Colour Trade Marks

Australian courts have recently considered the registrability of single-colour trade marks.

Mars recently applied for trade mark registration for a single colour, referred to in the evidence as Whiskas Purple, in respect of "foodstuffs for cats and kittens and additives for such foods". In Mars Australia Pty Ltd v Société des Produits Nestlé SA [2010] FCA 639, Justice Bennett directed that the application should proceed to registration. Accepting that Mars had provided: "extensive evidence of the marketing of Whiskas Purple and of its use, which have served to establish the trade mark significance of the Whiskas Purple colour in the minds of consumers and the association between that colour and the Whiskas range of products."