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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The Bar Council has urged Prime Minister Andy Burnham’s key Ministry of Justice picks to row back on plans to restrict jury trials
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll