What do you think of when you think of Cadbury? Is it Purple?
Cadbury’s has had some unforgettable adverts from the drumming gorilla to the “Eyebrow Dance” and may a heartfelt Christmas campaigns. It’s safe to say the brand has made its mark. But beyond the ads, one of Cadbury’s most enduring brand assets is its distinctive shade of purple, Pantone 2685C.
It is not just a colour choice. Cadbury went one step further and tried to trademark it. What followed was a legal battle that revealed how complicated it can be to protect something as simple and powerful as a colour.
The Application
Cadbury applied to register the specific purple shade as a UK trademark for milk chocolate packaging. The application was accepted at first, and for a while it looked like Cadbury had locked in exclusive rights over the colour. But their main competitor, Nestlé, was not about to let that happen without a fight.
The Dispute
Nestlé challenged the trademark on the basis that it was too vague and lacked clarity. The courts eventually agreed. They decided the way Cadbury had described the colour use, in combination with words like “predominant,” was too ambiguous for a valid trademark. For a colour trademark to be enforceable, it must be clearly defined and consistently used.
Cadbury has since made multiple attempts to secure protection, but the rulings have left them without a solid, registered monopoly over the shade.
Why It Matters
This case shows how difficult it is to protect a colour on its own. Even when the public strongly associates a colour with a particular brand, that is not always enough. You need clear definitions, consistent usage, and in some cases, overwhelming evidence that the public links the colour directly to your business.
For Cadbury, the issue was not about whether people recognised the colour. It was whether the trademark could be precisely defined in a way that regulators could enforce.
Brand Lessons
If your brand relies on a particular colour, be prepared for a long game. Colour trademarks are not easy to register, and even harder to defend. You need to show consistent use over time and be very specific in your application.
There are lessons here for anyone trying to protect brand elements
Words – Can’t be descriptive
Logos – Need to be unique
Shapes, Sounds & Colours are another level entirely, you need to make sure it is distinctive, well defined, and used as a badge of origin.
Often our team can help assess whether you can rely on acquired distinctiveness, or whether it is time to tweak your branding strategy which begins with a detailed trademark clearance audit covering the areas you wish to trade so that we can tell you
- A) What you have that is distinctive enough to trademark
B) How likely that application is to receive objections from other trademark owners in those regions
For existing clients, we actively monitor other companies trying to register similar elements to allow our clients to take action on potential infringements not just in trademark applications but on the web and social media too.
If you want to explore this further, book a free no obligation call with one of our team or drop us an enquiry. Our team are available 9am to 5pm Monday to Friday.
Questions about this
Why did Cadbury lose its purple colour trademark?
Nestlé challenged Cadbury’s registration for its purple shade on milk chocolate packaging, arguing it was too vague and lacked clarity. The courts agreed that the way the colour use was described, including the word predominant, was too ambiguous for a valid trademark. The issue was not whether people recognised the purple, but whether the mark could be precisely defined. Cadbury has made further attempts since without securing a solid registered monopoly.
Answered by Jonathan Paton, Founder & CEOCan you trademark a colour in the UK?
It is possible, but difficult. A colour mark needs to be clearly defined, consistently used and functioning as a badge of origin, and in some cases it needs overwhelming evidence that the public links the colour directly to your business. Strong public association alone is not always enough. If your brand relies on a particular colour, it helps to be very specific in the application and prepared for a long process.
Answered by Jonathan Paton, Founder & CEOWhich brand elements are hardest to protect as trademarks?
Shapes, sounds and colours are the most challenging. Words need to avoid being descriptive and logos need to be unique, but non-traditional marks also have to be distinctive, well defined and clearly used as a badge of origin. A trademark clearance audit can show which elements of your branding are distinctive enough to register and how likely an application is to face objections from other owners in the regions you trade.
Answered by Jonathan Paton, Founder & CEO
