Emma Himsworth QC, instructed by Charles Russell LLP, acted for Cadbury UK Limited (“Cadbury”) in relation to its application to register the colour purple (Pantone 2685C) as a trade mark.
The application for registration was filed by Cadbury in 2004 and was subsequently opposed by Société des Produits Nestlé S.A. (“Nestlé”) on a number of different grounds. In the UK IPO Mr Allan James, the Principal Hearing Officer, allowed Cadbury’s application for registration in respect of ‘chocolate in bar and tablet form; chocolate for eating; drinking chocolate; preparations for making drinking chocolate’ [2012] RPC 18.
Nestlé appealed that decision to the High Court. The main point of principle on the appeal was that the mark applied for was not a sign capable of being graphically represented and as such was not registrable as a trade mark. In a judgment handed down on 1 October 2012 His Honour Judge Birss QC rejected that argument. The Judge went on to hold that Cadbury’s application for a trade mark for the colour purple (Pantone 2685C) should proceed to registration in respect of ‘Milk chocolate in bar and tablet form; milk chocolate for eating; drinking chocolate; preparations for making drinking chocolate’.