IP Australia rejects BP’s green colour mark application

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

IP Australia rejects BP’s green colour mark application

The Australian trade mark registrar has rejected BP’s application for a green colour mark

bp20logo.png

BP's logo

In a June decision, the examiner from IP Australia once again denied BP’s application for a green colour mark, siding with an objection filed by retail chain Woolworths. BP’s application (no 909518) covered classes 4 (fuels provided through service stations), 37 (vehicle service stations and services) and 43 (take-away food services). The IP Office found that there was not sufficient evidence that the colour served as a means to distinguish BP’s goods.

BP’s original application was filed in April 2002, and has been subject to several challenges from Woolworths, from the registrar’s office all the way to the Full Federal Court. While the original application referred to “the colour green shown in the representation on the application form”, BP amended the claim in 2012 to define a specific shade, Pantone 348C. However, this amendment failed to convince the examiner, who noted that stating the specific shade would not have any effect on the issue of whether the colour mark was distinctive. This is in line with an examination report from early 2013, in which the examiner noted that referencing the Pantone colour does not change the mark in any way nor does it help to establish that the mark would help distinguish the source of BP’s goods.

The same examiner report also noted single colour marks are “usually considered to be devoid of inherent adaptation to distinguish” and that the evidence required to sustain a single colour mark application generally has to be “extremely persuasive”.

BP is represented by Davies Collison Cave and has until July 17 to appeal.



more from across site and SHARED ros bottom lb

More from across our site

A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
Gift this article