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A specific shade of colour can function as a trade mark, however, the process of registration is not easy. You must show that you have used the colour as a trade mark and that the public have come to identify that colour with your particular goods or services. Trade marks for combinations of colours can be easier to register as there may be a less common need for their use.
All goods have some colour but it is primarily used as ornamentation.
There are cases where colour has been allowed as a trade mark. Cadbury's applied to register the colour purple as a trade mark. They were unable to register the general colour purple but were successful in registering a specific shade of purple as a trade mark, when used on the packaging for block chocolate and boxed chocolate.
Last Updated: 14/5/2014