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Cadbury wins battle to trademark the colour purple
It is widely known that over the past 10 years, Cadbury has filed numerous applications to register a trademark over the colour purple. In September and October of 2009, Cadbury was finally granted trademarks for various shades of purple. Cadbury’s initial applications were rejected and then subsequent applications were opposed by Nestle and Darrell Lea.
This trademark does not mean that Cadbury “owns” the colour purple, rather it has owns the exclusive right to use certain shades of purple for use in relation to packaging and a limited range of goods.
The Trade Marks Act 1995 (Cth) (Act) expressly allows for registration of trademarks over colours. To register a colour trademark, the application should include:
- A clear and concise description of the trademark (“purple” is insufficient);
- Must show you use the colour which you seek to be registered;
- Must show a sufficient/significant use of the colour; and
- Should show use of the colour, ideally without words or logos.
Colour can be used as a distinctive brand image, which is indicative of the goods or services offered by a business. Questions are likely to arise in relation to what will constitute breach of Cadbury’s purple trademarks.
If there is a particular attribute of your branding that is recognisable and creates an association to you or your business, you should consider registering it as a trademark.
If you have any queries in relation to registration of trademarks or trademark disputes, please contact Dean Groundwater or Craig Pryor on 9525 8688, or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it