Cadbury loses Purple Trademark Case
Trademarkclick .com 19 Dec 2018

Cadbury loses Purple Trademark Case

In 2013, Cadbury requested the United Kingdom Intellectual Property Office (UKIPO) to alter the registration of their UK 2020876A trademark. The confectionery brand filed a case at the UKIPO to change its trademark for the purple colour. In the same year, they lost another trademark battle, resulting in the invalidation of their other trademark UK 2376879. The mark was invalidated on grounds of not being specific enough. The description of both of these marks was identical to read. So, they tried to change the descriptions of '876 trademark to avoid a similar fate.

The initial description of the mark states that the purple colour should be applied to the whole visible surface. The second half of the description states that purple will be the predominant colour of the whole visible surface of the packaging of their chocolates. Cadbury wanted to alter this second half of the description and limit it to the application of the colour to the visible surface of packaging.

Cadbury's appeal was rejected by the UKIPO in 2015 because they had not appealed for a series of marks. So the description of the registered mark couldn’t be altered.  Cadbury appealed against this decision at the English High Court in 2016 which was again dismissed.  Later, Cadbury again appealed against this decision at the English Court of Appeal. 

According to the decision at the UKIPO, Cadbury didn't apply for the registration of the trademarks. In addition, Cadbury did not provide enough evidence to support the claim. So, this is why the description of the mark cannot be altered or deleted.

Therefore, on 5th December 2018 the English Court of Appeal refused to further hear the case and decided against Cadbury.

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