Time for a trade mark rethink By Matt Byrne 21 October 2013 00:00 17 December 2015 14:25 Sign in or register to continue reading. It's FREE Sign in Email Password Keep me logged in Forgot your password? Not registered? It's FREE! Register now Register with The Lawyer Aaron Wood 21 October 2013 at 09:53 There is a second issue, which stems from the Dyson case – that of concepts and signs. The CJEU ruled on this point and so unfortunately the C0A’s hands were tied. What is required is a new reference to the CJEU since Dyson and these new cases are in direct conflict with the earlier colour law cases. Unfortunately, the word predominantly WAS unclear in this case – the evidence was that Cadbury’s experts’ view on the meaning of the term did not coincide with the normal meaning of the word – so they were always likely to lose on the question of whether the description of the mark is clear, precise and intelligible. Of course, concluding that any mark which inherently contains multiple forms is not registrable rules out sound marks based upon staves, gesture marks and colour marks per se. Reply Link Name Email Cancel reply Threaded commenting powered by interconnect/it code.