Whole visible surface or predominant colour? Cadbury's plays spot the series mark
The mark (AKA Pantone 2685C) Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks [2018] EWCA Civ 2715 . This appeal concerned Cadbury's attempt to amend the description of the mark: The mark consists of the colour purple, as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods. The mark consists of the colour purple (Pantone 2685C) as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods. The Comptroller and John Baldwin QC (sitting as a deputy judge in the appeal to the High Court) both denied the request to amend the description. Frustratingly for Cadbury's the issue arises because Cadbury's followed guidance from the registrar in 1997 and amended their 1995 mark from a description which read " the mark consis...