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2 unusual facts about Colour trademark


Colour trademark

In the United Kingdom, the High Court of Justice, Court of Chancery held that a colour could be trademarked in Société des Produits Nestlé S.A. v. Cadbury UK Limited (2012).

In the European Union, Article 4 of Council Regulation (EC) No. 40-94 of 20 December 1993 ("signs of which a Community Trade Mark may consist") relevantly states that any CTM may consist of "any signs capable of being represented graphically...provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings".



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