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.
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