header-logo header-logo

13 December 2013 / Jessica Stretch
Issue: 7588 / Categories: Features , Intellectual property
printer mail-detail

The colour purple

web_stretch

Jessica Stretch provides guidance on protecting colour & shape trade marks

When asked to think of a famous trade mark, most people will cite a brand name or logo. In fact, trade marks can be registered for many aspects of a brand such as colour, shape, sound and smell. Legislation defines a trade mark as (i) a sign (ii) capable of being represented graphically and (iii) capable of distinguishing the goods or services of one undertaking from those of other undertakings (the Trade Marks Act 1994, s 1(1) and Directive (EC) 2008/95, Art 2).

 

The Court of Appeal has recently explored the meaning of “graphic representation” in the context of Cadbury’s application for the colour purple and JW Spear’s registration for the shape and colour of a Scrabble tile (Societe des Produits Nestle SA v Cadbury UK Ltd [2013] EWCA Civ 1174, [2013] All ER (D) 35 (Oct) and JW Spear & Son Ltd v Zynga Inc [2013] EWCA Civ 1175, [2013] All ER (D) 39 (Oct)). These cases highlight some common

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll