The Australian Trade Marks Register is full of life; bursting with a rainbow of colours and a wide range of shapes, sounds, and even smells. It has become a critical focus of many leading businesses as a powerful tool to recognise, record, and protect their brands.
But the race to trade mark registration is tough and one which may take time to finish as Cadbury Schweppes fully understands. It has been running the race since November 1998, when it applied to the Registrar of Trade Marks for registration of the "Cadbury purple" colour in relation to chocolate. Nearly 8 years on, the application remains unresolved.
To further protect its claim to the colour purple, Cadbury also commenced litigation against rival Australian confectionary giant, Darrell Lea, for misleading or deceptive conduct by using a strikingly similar shade of purple. In April last year Cadbury's claim was dismissed.
