20 Jul 2007
CADBURY LTD V EFFEM FOODS LTD CA CA274/05
- Citation
- openlaw-4aadca38_791b_452c_97f3_1f6ff9498666.pdf
- Court
- Court of Appeal
The word PURPLE is directly referential to the colour and therefore directly references the character or quality of at least some goods within the specification; it is not inherently adapted to distinguish those goods from others in the relevant market; exclusions based on the characteristic 'coloured purple' are too vague to cure this; accordingly registration is not permitted and the appeal is dismissed.