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Reports of Patent, Design and Trade Mark Cases 2004 121(15):557-582; doi:10.1093/rpc/2004rpc28
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 28

DUCKHAM & CO'S TRADE MARK APPLICATION

Trade Marks Registry

(Mr Allan James): May 30, 20031

[2004] R.P.C. 28

Trade mark—Application—Opposition—Colour mark for engine oils—"The colour green added to and integrated with the goods"—Whether representation of mark sufficient—Amendment to specify Pantone reference—Whether alteration to date of filing—Whether colour without contour or shape registrable as a trade mark—Whether colour served a trade mark function—Whether mark devoid of distinctive character—Evidence of acquired distinctiveness—Reference to "green" oil in applicant's advertising—Trade evidence—Sufficiency of evidence—Colour not visible at point of purchase—Whether public relied on colour as a guarantee of trade origin—Earlier unregistered rights—Whether opponent had established such rights.

Key Words: Colour • Distinctiveness • Opposition • Sufficiency of evidence • Trade marks

1 Paragraph numbers are as assigned by the court.


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