Nestlé v Cadbury: registering a colour as a trademark

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 By Ellie Bowker

On 4 October 2013 the Court of Appeal decision in Nestlé’s challenge to Cadbury’s registration of a shade of purple as a trademark for its chocolate products gave careful consideration to the application of Article 2 of the Trade Marks Directive 2008/95/EC.

The registration of trademarks in the UK is governed by the Trade Marks Act 1994 and the Trade Marks Directive 2008/95/EC, which was enacted with the aim of harmonising the laws relating to trademarks in European Union member states in order to assist the free movement of goods and services within the internal market…

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