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

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

Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
Gift this article