Colour Trade Marks And Cadbury’s Case - Precision Defined Imprecisely By The Courts

After a four year battle with its competitor Nestle, the UK Appeals Court has refused the registration of Cadbury's trade mark application for the specific colour purple that Cadbury has used for over 150 years in relation to its chocolate wrapping. According to the Court, the description of Cadbury's trade mark in its trade mark application was not precise enough for members of the public and competitors of Cadbury to interpret the scope of protection claimed by Cadbury.

In its application for registration, Cadbury showed its purple coloured trade mark as a rectangular purple block and described it as:-

"The colour purple (Pantone 2685C), as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods."