In this article, we discuss colour trade marks where we take a
look at the Biscoffi case, the recent EU colour trade mark decision
in the matter of Lotus Bakeries v European Intellectual
Property Office (EUIPO, T-1096/23).
The EU trade mark application
On 22 February 2022, Lotus Bakeries filed an EU application to
register the somewhat underwhelming trade mark that appears below.
This application was filed in class 30 for a range of delicious
goods including biscuits, cakes, confectionery, waffles and
speculoos. If the final item has you stumped, speak to your
favourite Hollander or Belgian!
*Image credit unknown
The trade mark examiner
...was underwhelmed, unimpressed, and uninspired. The red and
ever-so-slightly white block is not distinctive, said he or she, or
as the ponderous language of EU trade mark law stated, the trade
mark was 'devoid of distinctive character'. This
objection was as per Article 7(1)(b) of the EU Regulation.
