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Cadbury fails to enhance its colour purple trademark

Cadbury fails to enhance its colour purple trademark

Cadbury fails to enhance its colour purple trademark

Cadbury has failed in its attempt to alter its purple colour trade mark to further guard its corporate colour.

The UK’s Court of Appeal ruled against the company in its bid to alter an original registered claim relating to its popular bars that stated its hue of purple “applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging.”

Cadbury was trying to drop the latter part of the wording in a bid to bolster its trademarks over rival brands that were not entirely made with purple designs.

The company has faced previous objects from other brands over its existing trademark, which has effectively prevented the usage of specific purple tones.

Lord Justice Floyd, who presided over the Cadbury case, said: “If allowed to be the predominant colour rather than restricted to the whole surface, the registration could cover uses of purple in extravagantly different ways. The mark could appear as stripes, spots, a large central blob, or in any other form.”

Cadbury’s parent company, Mondelēz International, said in a statement: “We are disappointed with this decision. Our iconic colour purple has been used for Cadbury chocolate products for more than a century and is synonymous with the brand. We will continue to protect what we believe is a distinctive trademark and challenge those who attempt to pass off their products as Cadbury chocolate by using this colour.”

This follows other branding disputes, most recently that of Toblerone – which successfully forced Poundland to stop production of rival cut-price brand “Twin Peaks” – which had been produced in similar packaging and nearly identical product shape.

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