Colours can be registered as trademarks. Under the Trade Marks Act 1994 and the Community Trade Mark Regulation, any sign that can be represented graphically and that is capable of distinguishing the goods or services of one undertaking from those of another is prima facie registrable as a trademark.
For example, Heinz has successfully registered the turquoise colour used on its baked bean tins.
Registering a colour as a trademark is not straightforward; in October last year, the Court of Appeal gave judgment for Nestlé in its challenge to Cadbury’s attempt to register the purple colour of its chocolate bars…
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