Cadbury: Failed to Alter its Purple Colour as Trade Mark

Cadbury’s 2004 trade mark application for purple hue Pantone 2685C was rejected by the UK Court of Appleal, following objections by Nestlé. Cadbury was trying to drop letters and alter its purple colour as trade mark; so that rival brands were not allowed to use same purple.

If allowed to be the predominant colour rather than restricted to the whole surface, the registration could cover uses of purple in extravagantly different ways. The mark could appear as stripes, spots, a large central blob, or in any other form.

(Lord Justice Floyd, who presided over the Cadbury case)

We are disappointed with this decision. Our iconic colour purple has been used for Cadbury chocolate products for more than a century and is synonymous with the brand. We will continue to protect what we believe is a distinctive trademark and challenge those who attempt to pass off their products as Cadbury chocolate by using this colour.

(Mondelēz International, Cadbury’s Parent Company)

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