EU court weighs in on colour ‘position’ and shape TM
Prominent German manufacturer argued that trademark was a “colour position symbol”, and that the goods covered by the mark were aimed at a specialised public | Court deemed that consumers do not usually deduce the origin of a product from the colour or shape of a package.
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6 July 2023 Court dismisses food and drink company’s appeal for a 3D mark on functionality grounds | Minor arbitrary elements in a mark do not undermine such grounds, it said.
20 July 2022 Cadbury has secured its distinctive colour purple but brands will be left wondering how to apply the arguments to their own registrations, finds Sarah Speight.