Can I Trademark a Colour ?
To some Cadbury did indeed hit a purple patch earlier in the month when they secured the colour purple for their chocolate bars.
The High Court allowed Cadbury to claim the colour purple as it’s trademark on the 5th July.
The important factor being the ‘acquired distinctiveness’ in the mind of the consumer.
Supported by the evidence that Cadbury has used the Purple as a brand for over a 100 years.
This was not easy for Cadbury, enduring a long running dispute with Nestle which saw Cadbury at various times denied the right to the colour.
Colour trademarks will remain difficult to obtain, unless there is ‘compelling evidence of distinctiveness in the mind of the consumer’
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