Case Study: Cadbury, A Chocolate Confectionery Company

According to the United Kingdom Trade Marks Act 1994 “a trade mark means any sign capable of being represented graphically which is capable of distinguishing goods or services…it may… consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging” (Trade Marks Act, 1994).

Facts:

In 2004 Cadbury, a chocolate confectionery company originating in the UK applied to register the shade of purple (Pantone 2685C) as a trademark for their company. However, the UK Trademark Registry rejected the application. In response, Cadbury filled evidence to suggest that their mark is an identification of the brand since it has been used since 1914 (Ben Said, 2013). At first the UK Trademark Registry accepted the evidence. On the other hand, Nestlé reacted to the application and opposed it, and the color could not be registered. In 2011, the

In the first request, the UK Trademark Registry was asking the question of whether the color purple should be considered a trademark

2. When Cadbury filed evidence in the second incident in response to their rejection, the court had an issue since the examiner believed that there was no unique feature of the color for it to be considered a trademark; however they were given evidence to show that it the company acquired customer recognition with the

At first, the court was suggesting that the color purple is not a sign that could be seen graphically which is should be characteristic of a trademark according to the Trade Marks Act 1994. However, another precedent case by the European Court of Justice (ECJ) recognized colors as trademarks. Due to that reference the judge decided that the case is in favor of Cadbury, limiting their registration to specific goods: “chocolate in bar and tablet form; chocolate for eating; drinking chocolate; preparation for making drinking chocolate” because other companies used the color purple for cakes and chocolate assortments (Ben Said,