BP Loses Legal Bid To Trademark The Color Green In Australia
The oil giant BP has again failed in its long-running bid to trademark the colour green in Australia.
The intellectual property watchdog, IP Australia, found BP was unable to show “convincing evidence” that it was indelibly linked in the average petrol consumer’s mind to the dark green shade known as Pantone 348C, a spokeswoman for the government agency said. BP first tried to register a trademark for the colour in 1991, and until 2013 fought legal battles against another corporate titan, Woolworths, to stake its claim to the colour as the dominant shade for its service stations.
A spokeswoman for the energy company did not confirm whether BP would continue trying to claim the colour, saying only: “The colour green has been central to the BP brand since the 1930s and we believe it should be protected.” Colours, like sounds and smells, are particularly hard to trademark, because a company needs to prove the shade sufficiently distinguishes its brand from others.
Some companies have succeeded. The Queensland fruit grower Fada has claimed the red wax that covers the bottom third of its bananas. The American jeweller Tiffany has a trademark in some jurisdictions on its traditional blue hue, while in Australia the pet-food brand Whiskas has won the right to the colour purple.
EDIT
http://www.theguardian.com/business/2014/jul/03/bp-loses-battle-to-trademark-the-colour-green-in-australia
