BP suffers colour mark setback
11 June 2007
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Peter Ollier, Hong Kong
Australia's High Court has refused BP special leave to appeal a decision by the Full Federal Court to reject its trade mark application for green in association with service stations
Australia's High Court has refused BP special leave to appeal a decision by the Full Federal Court to reject its trade mark application for green in association with service stations.
BP originally filed two trade mark applications for the colour green in relation to service stations in 1991 and 1995 (trade marks 559837 and 676547). The marks were opposed by retail chain Woolworths. The Trade Marks Registry refused the applications on the grounds that the marks were not capable of distinguishing BP's goods and services but a lower court judge allowed an appeal and directed that the marks be registered.
The Federal Court then overturned the registrations in September 2006, arguing that BP had failed to establish the factual distinctiveness of its green mark and had amended the endorsements to its applications in breach of Section 65 of Australia's Trade Mark Act.
BP had originally applied for the colour green...
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