Liberalisation of Single-Colour Trade Marks

Australian courts have recently considered the registrability of single-colour trade marks.

Mars recently applied for trade mark registration for a single colour, referred to in the evidence as Whiskas Purple, in respect of "foodstuffs for cats and kittens and additives for such foods". In Mars Australia Pty Ltd v Société des Produits Nestlé SA [2010] FCA 639, Justice Bennett directed that the application should proceed to registration. Accepting that Mars had provided: "extensive evidence...