We have previously commented on the ongoing battle between
Cadbury and Nestlé over the colour purple. Cadbury has lost
the final battle of the bars, ending a ten year legal battle when
the UK Supreme Court refused Cadbury's application to appeal
against the Court of Appeal's decision to refuse their UK trade
mark application for the colour purple.
Lesson to be learnt
Based on the comments of the Courts, it is clear that you can
obtain a registered trade mark for a colour, you just have to make
sure that you fulfil certain criteria when applying for the
same. Obtaining a registration for a colour can give a huge
competitive advantage, as shown by Cadbury fighting for so long to
protect the colour purple. Our attorneys have experience in
protecting colours as trade marks and can advise on the steps which
should be taken and the options available to you.
