Features of Colour! Now part of a Combination of Features Protectable as a Canadian Industrial Design

On January 16, 2017, in Industrial Design, Legislation, News, by Natalie Raffoul

We are excited to report that the Industrial Design Office now takes the position that colour may form part of a combination of features that constitute a design as defined in section 2 of the Industrial Design Act.  However, colour as the sole design feature is not considered to fall within the definition of a design. […]

OHIM Changes Practice for Black and White Marks

On August 30, 2014, in News, Trademark Tips, Trademarks, by Paula Clancy

On June 2, 2014, the European Community Trade-mark Office (known as “OHIM”), changed its practice for trade0marks filed in black and white or gray-scale.  Specifically, while a black and white registration was thought to cover all colour variants of the mark, OHIM’s new policy suggests that this is no longer the case.  Under the new […]

Cadbury May Preserve Purple Wrapper Rights in UK

On October 16, 2012, in Case Law, News, Trademarks, by Paula Clancy

Submitted by Jessica Vaianisi. UK-based chocolate company, Cadbury, was successful in preserving its pending application for the colour purple (Pantone 2685c) in association with milk chocolate.  Nestlé had appealed to UK’s High Court, challenging the UK Intellectual Property Office’s 2008 decision to award Cadbury exclusive use of the distinctive purple for its wrappers, arguing that “colours […]