Court of Appeal disallows Cadbury's purple trade mark application
The Court of Appeal last week (4 October 2013) handed down judgment in the case between chocolate manufacturers Nestle and Cadbury which saw Nestle successfully oppose Cadbury's trade mark application for a particular shade of purple (pantone shade 2685c, if you’re interested!).
The decision overturned the Court’s previous decision to allow the trade mark application.
The Court of Appeal decided that the application to register the shade of purple as a trade mark lacked “specificity, clarity and precision of visual appearance”.
It is therefore important to think carefully when trying to protect your trade marks about the scope of the trade mark application when following the registration procedure.
If you have any questions about Intellectual Property or trade marks in particular, please contact Emma Hayward.