Cadbury’s Registration Of The Color Purple

Officials in New Zealand have recently approved the registration of the color purple for the packaging of Cadbury’s confectionery products. The Commissioner of Trademarks, in the J.H. Whittaker & Sons Ltd v Cadbury Limited (November 2004) approved the application on the grounds that purple was not a generic color for chocolate blocks, nor was it an apt description for chocolate. Also, Cadbury had demonstrated consistent use , extensive and continuous use of the mark, thus demonstrating factual distinctiveness.