Cadbury and the Colour Purple

admin — Wed, 12 May 2021 00:27:36 +0000

Cadbury’s trademark application back in 1995 was for the colour purple, particularly the shade PANATONE 2685C. It was registered under goods as “chocolate in bar or tablet form” described as “The mark consists of the colour purple, 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”.

Nearly two decades later, in 2013 the chocolatier has a major setback when they applied for new trademark to include a wider range of products such as drinking chocolates, cakes and such! What’s wrong with that, you ask? The application was opposed by none other than Nestle!

The application was not only for its chocolate products but also for the colour purple, just like their application back in 1995 but Nestle contended on the basis that the colour purple “had no distinctive character, and was too broad for a range of goods”.

The UK Court of Appeal corresponded by rejecting the application.

The court found issue with the wording: “Being the predominant colour applied to the whole visible surface of the packaging goods” as it felt the term ‘predominant’ was too broad. This may have been acceptable in 1995, but trademark applications are more highly regulated nowadays.

What did Cadbury do? in 2018 they appealed to remove the second mark of their application which used the word “predominant”, eventually losing the case and placing their trademark at a state of risk. Backed into a corner, Cadbury could drop the trademark completely with the alternate being starting a brand new trademark application.

Cadbury said that it will continue to protect what it believes is a distinctive trademark, using unregistered rights.

If this case teaches us anything, its the importance of making a clear and concise trademark application.

Importance of Conducting a Trademark Search

superadmin — Wed, 14 Apr 2021 01:18:19 +0000

It takes extensive time and resources to register and launch distinctive and effective brands. Before choosing a trademark for your business to identify your products and services, it is important to make sure it is not being used by an existing entity.

Trademark search is an important step in the registration process as it enables you to avoid picking out and violating already registered trademark rights. Any attempts of registration and usage of such marks will be costly and time consuming as it will result in being summoned to the court by the trade mark owner. This may also result in recalling products, halting, and cancelling advertisements and registering and launching a new mark in short notice, all of which are significant losses to be considered.

It is wise to search as widely as possible to identify the options available. However, the process is not as simple as it sounds and requires specialist skills as merely searching for identical marks will not be sufficient. Therefore, seeking assistance and advice from an IP professional is a wise option to take. An IP professional can help you in terms of legal, financial, and business aspects of a trademark. They are experts that can help you in applying and obtaining trade mark registration and protection, advising you on efficient use of trademarks, licensing and assigning of trademarks, and assisting you in enforcing trademark laws.

If you come across registered or pending trademarks that are similar as yours, you need to check for their class, as similar marks can co-exist if they are related to different types of product or service classes.

Trademarks are one of the perpetual properties and intangible asset an entity can have that adds value over time. Therefore, it should be unique and distinguishable, and an extensive trademark search before the registration is recommended.

To conduct a Trademark Search visit https://trademarker.net.au/search-request/

Trademark – Trademarker

Cadbury and the Colour Purple

Importance of Conducting a Trademark Search