Al Tamimi & Company

Cadbury retains hold over its trademark for a shade of purple


This briefing considers trademark law in the UAE by comparison to Cadbury’s successful trademarking of a shade of purple in the UK.

It will be noted that the definition of a trademark requires a mark to “take a distinctive form” and single colours as such cannot be considered to be inherently distinctive. Despite this requirement of distinctiveness and the absence in the definition of specifically dealing with single colours (or even a combination of colours), the definition of a trademark has proven to be sufficiently wide to allow for the interpretation that a single colour can in fact function as a trademark in the UAE. This was confirmed by the registration in the UAE back in April 2007 of a single colour trademark for a shade of orange in respect of a particular rice product.

As single colour trademarks are considered less conventional and are not commonly applied for or as a rule accepted for registration, ongoing developments in respect of single colour trademarks in jurisdictions outside of the UAE remains of interest to trademark practitioners and owners in the UAE as it provides some guidance on the kind of considerations that may be relevant in applying for and objecting to single colour trademark applications here in the UAE…

If you are registered and logged in to the site, click on the link below to read the rest of the Al Tamimi & Company briefing. If not, please register or sign in with your details below.

Click on the link above to download briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Browse This Firm’s

Overview

Al Sila Tower
Level 26
Al Sowwah Square
Al Maryah Island
Abu Dhabi
PO Box 440
United Arab Emirates

Total lawyers: 230