The colour purple, this time. More specifically, Pantone 2685C, the particular shade of purple used on a range of Cadbury’s chocolate products (see below), which the company was able to register in 2008 after filing evidence that it was distinctive through use (the trade-mark examiner having initially questioned the registration on that account). Société des Produits Nestlé SA objected to the registration, which was upheld – although for a narrower range of products. Nestlé appealed this to the Chancery Division and achieved some success: the product range was narrowed a bit further to include only milk chocolate, in light of the evidence about which Cadbury products were branded with purple and which were not. The general principle that a single colour may be sufficiently distinctive as to be capable of trade-mark registration was accepted: Société des Produits Nestlé SA v Cadbury UK Ltd, EWHC 2637 (Ch).
[Link available here].