n Without Prejudice - Colour trade marks : intellectual property

Volume 13, Issue 10
  • ISSN : 1681-178X



After a four-year battle with its competitor Nestlé, the UK Appeals Court has refused the registration of Cadbury's trade mark application for the specific colour purple that Cadbury has used for more than 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 insufficiently precise for members of the public and competitors of Cadbury to interpret the scope of protection claimed by Cadbury.

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