16.04.2025
As the Easter season rolls around, shelves fill with chocolate eggs, bunny-shaped treats, and festive branding that is instantly recognisable. Behind many of these familiar products are powerful trade marks. These are an essential tool in protecting the identity and value of seasonal products (and non-seasonal!).
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A trade mark is a sign capable of distinguishing the goods or services of one business from those of another. They can include words, logos, slogans, shapes, and even colours. At Easter, this legal protection becomes particularly important, as companies compete in a short, high-revenue window dominated by iconic branding.
Take for example the Cadbury purple (Pantone 2685C), a colour fiercely protected for decades. While Cadbury lost a notable legal battle in 2013 over exclusive rights to its purple on certain chocolate products, the UK High Court delivered a pivotal ruling that partially favoured Cadbury in 2022, clarifying the conditions under which colour marks can be registered. This case highlights how even a single colour can be considered a valuable brand asset.
Seasonal product names and designs are also protected. A brand like “Lindt GOLD BUNNY” is not just a chocolate rabbit, it is a registered trade mark with distinctive gold foil, red ribbon, and bell, making it instantly recognisable and legally shielded from imitation.
Indeed, early this year, Somerset-based chocolatier Choc on Choc accused Marks & Spencer of replicating its Giant Custard Cream chocolate design when M&S released its own Outrageously Chocolately Custard Cream Biscuity Egg. Choc on Choc had been selling its product since 2018, and the similarity between M&S's new offering led to public outcry and discussions about IP rights. M&S deny copying and claim “it’s an evolution of our customer favourite Outrageously Chocolately Custard Creams”…”. Choc on Choc may decide to take on M&S and could potentially rely on unregistered rights to do so. Let’s watch this space.
In summary, trade marks play a crucial role, ensuring that creativity, brand identity, and consumer trust are preserved in a busy commercial landscape. Whether it’s the shape of a chocolate egg or the name of an Easter-themed campaign, trade mark registrations helps businesses stand out and stay protected. If you’re a business rolling out Easter-themed products, don’t just focus on flavour or fun—think about legal protection too. A well-placed trade mark can help you stand out, build brand trust, and guard your creations from being copied or being able to take action if you are copied.
So next time you’re munching on a chocolate egg, remember: there’s more to Easter branding than meets the eye!
07.02.2025
Stripe Wars: Thom Browne Triumphs Over Adidas in Landmark CaseThe recent case of Thom Browne Inc. v. Adidas AG [2024] EWHC 2990 (Ch) represents a significant milestone in UK trade mark law, particularly in the realm of fashion and brand design. This High Court decision sheds light on the limits of trade mark protection, the role of consumer perception, and the fine line between brand distinction and monopolisation of design elements.
16.09.2024
Apple stops abuse of processIt is rare for an abuse of process case to be heard before the UK IPO, but that is what has happened recently. In August 2024, the UK IPO’s Tribunal upheld applications by Apple Inc (“Apple”) to strike out invalidity actions against its ‘iPhone’ trade mark registrations on the basis that the actions amounted to an abuse of process. This article explores the facts, issues and implications of this decision.
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