Purple trademark refused

Cadbury has lost a five-year battle to trademark a shade of purple – Pantone 2865C. The London court of appeal agreed with rival company Nestle that such a trademark would be too broad. Sir John Mummery, one of the three appeal judges, said: “The mark applied for thus lacks the required clarity, precision, self-containment, durability and objectivity to qualify for registration.”
Contrary to some reports, this does not mean that rivals are free to use the iconic purple branding that Cadbury has used for nearly a century. Although Cadbury cannot trademark the colour, it still has rights to its branding and can prevent rivals from deliberately trying to confuse customers.

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