IP Australia rejects BP’s green colour mark application

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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 ros bottom lb

More from across our site

Goodwin’s latest PTAB hire, Theodoros Konstantakopoulos, said he was keen to work with Lori Gordon, who joined the firm last year
Senior partners at both firms said they want to capitalise on the benefits of having attorneys and lawyers working in tandem
IP litigation lawyers at European firms reveal how they are managing clients’ demands for a streamlined service by collaborating with other functions and practice areas
An injunction concerning head lice treatment, a positive ruling on access to documents, a German firm splitting, and moves involving Finnegan and Morgan Lewis were among the top stories
Chris Sleep, Abion’s new head of litigation and dispute management, will work in the firm’s London office
Sources at four firms explain how changes to USPTO fees provide opportunities to give clients strategic counselling
An intervention by Dyson into the UK’s patent box regime and a report unveiling the major SEP owners were among the big talking points this week
With the threshold for proving copyright infringement by AI tools clearer than ever, 2025 could answer some of the key questions
Partners at Latham & Watkins and Finnegan reveal how they helped explain their client’s technology to a jury
One of Managing IP’s most influential people in IP for 2024, Hurtado Rivas discusses mental health in the profession, the changing role of a trademark lawyer, and what keeps a Nestlé IP counsel busy
Gift this article