BP's Trade Mark for the colour green

The Full Federal Court has allowed Woolworths' appeal against the trial court's ruling that BP could register the colour green as a trade mark.

The decision is the first Australian appellate court decision on the registrability of colour trade marks on the basis of acquired distinctiveness.

It explores other important issues including the operation of s 65 of the Trade Marks Act and survey evidence and the Court's powers to rectify the Register.

The decision is 158 paragraphs and will require much more scrutiny than this short note permits.

Woolworths Ltd v BP plc [2006] FCAFC 132 here. First instance decision here.

Posted: Tuesday - 05 September, 2006 at 07:24 PM |

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BP's Trade Mark for the colour green

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