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 2025

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

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

AI
Leaders at four firms share their hiring approach, including whether AI knowledge is a must-have for new staff
McKool Smith and Licks Attorneys are acting in the dispute, which alleges infringement of patents covering video-related technologies
Legacy firm Allen & Overy agreed a high-profile tie-up with US firm Shearman & Sterling in May last year
News of Verizon settling its lawsuit with Headwater Research and a copyright setback for AI firm Perplexity at a New York court were also among the top talking points
IPH, which owns several IP businesses in the APAC and Canada, reported a 16.5% increase in revenue and 13% jump in profit after tax
With Ireland’s government re-engaging with the idea of a UPC referendum, it provides a chance to improve the system further
US-based company says appointment of Jorge Ordonez shows its momentum as a private-equity-backed platform expanding in the IP services market
The firm hired an IP litigation team during the reporting period and has entered the Managing IP rankings for trademark work
Masaki Mikami of Marks IP explains how he helped prove acquired distinctiveness to secure protection for 'Pocky' in Japan
Daralyn Durie discusses the ‘amazing’ opportunity of working on an AI case, the value of celebrating women, and how to build the next wave of talent
Gift this article