Update Colour Trade Marks – Court Update

The Australian Federal Court recently handed down a full court decision on BP’s trade mark applications for the colour green. This decision is significant as it is the first time that an appeal court in Australia has considered colour trade marks. The following update provides a brief summary of this decision.

The Australian Trade Marks Act 1995 (‘the TM Act’) provides for the registration of shapes, colours, sounds and scents, as well as more traditional trade marks such as words and logos. In fact, there are no limits to the types of trade marks that may be registered, provided that the mark satisfies the definition of a ‘trade mark’ (ie is a sign used, or intended to be used, to distinguish goods or services from the goods or services of other traders) and complies with the requirements of the TM Act.