The Cadbury Ruling: Can Colours be Trademarks in the UK?

Introduction:

In the world of trademarks, protecting brand identity is a crucial aspect of business strategy. Traditionally, trademarks have been associated with distinctive logos, names, and symbols. However, in recent years, the question of whether it is possible to trademark a colour has emerged as a fascinating and contentious legal issue. One of the most notable cases in this arena is the Cadbury case, where the confectionery giant sought to trademark a specific shade of purple. This landmark case has ignited discussions on the scope and limitations of colour trademarks in the UK.

The Cadbury Case:

In 2012, Cadbury was granted permission to register a trademark on a specific shade of purple (Pantone 2685c) that they used on several of their packaging for their chocolate confectionery. However, Nestlé, a competitor of Cadbury, opposed this registration, arguing that the colour purple lacked the distinctiveness required for trademark protection. Nestlé won this appeal which meant that Cadbury lost the battle to secure rights over the colour.

Can Colours be Trademarks?

The question of whether colours can be trademarks is not a straightforward one. Traditionally, trademarks were associated with words, logos, and symbols, but the evolving nature of business and branding has led to a broader interpretation of what can be considered a distinctive identifier.

In the Cadbury case, the court acknowledged that colours, in principle, can function as trademarks if they meet the distinctiveness requirement. However, the challenge lies in establishing that a specific colour has acquired distinctive character through use in the marketplace.

Distinctiveness and Acquired Character:

The distinctive character of a colour is crucial for its eligibility as a trademark. In the Cadbury case, the court held that Cadbury’s use of the purple colour had not acquired sufficient distinctiveness, and therefore, it could not be registered as a trademark. The court emphasized the need for evidence demonstrating that the colour had become associated exclusively with Cadbury’s products in the minds of consumers.

Practical Implications:

The Cadbury ruling has significant implications for businesses seeking to protect their brand colours in the UK. To successfully register a colour as a trademark, companies must provide compelling evidence of the colour’s association with their products in the eyes of consumers. This may include long-term and extensive use of the colour in advertising, packaging, and marketing materials.

Conclusion:

While the Cadbury ruling established that colours can, in principle, be registered as trademarks in the UK, the distinctiveness requirement poses a significant challenge for businesses. Companies must carefully consider the evidence they present to establish the acquired character of a colour in the marketplace. As the landscape of trademark law continues to evolve, the Cadbury case serves as a benchmark, shaping the boundaries of what can be considered a distinctive and protectable trademark in the realm of colours.