Can you register a colour trademark?

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So you have found the perfect green (or purple or orange) but what if someone else found it first?

BP has been trying since 2002 to get its shade of green (Pantone 348C to be precise) registered as a trade mark in Australia.  The Trade Marks Office has just knocked it back again.  Which begs the question – when can you register a colour as a trade mark?

Michael Bradley

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