Another day, another failed colour trade mark application. But
there may be some lessons to be learned from a recent Australian
decision.
The quest to monopolise colour goes on, and we have written on
this topic on several occasions. In the latest Australian case on
colour trade marks, Frucor Beverages Limited, manufacturer of an
energy drink called V, applied to register the colour green as a
trade mark for its energy drinks. The company did the right thing,
in that it filed a sample and specified the Pantone number, in this
case 376C. Coca-Cola, which manufactures an energy drink called
Mother, opposed this application, saying that the trade mark was
not distinctive or, to use the language of trade mark law, not
"capable of distinguishing" the goods of Frucor from the
goods of others.
