- General Court rejects Glaxo’s trade mark application for colour purple for inhalers (Glaxo Group v EUIPO (Nuance de couleur pourpre))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The General Court has upheld the rejection of Glaxo’s application to register the colour purple (Pantone 2587C) for pharmaceutical preparations and inhalers for treating asthma. The General Court held that there was a practice of using different colours to indicate different characteristics of inhalers. In those circumstances, there was a public interest in ensuring that no single entity had a monopoly over a colour for that sort of product. Glaxo had also failed to evidence acquired distinctiveness of the mark sought, despite collating extensive survey and marketing data, because the data could not be extrapolated to other Member States and was of little probative value. Written by Joshua Marshall, senior associate, at Fieldfisher LLP.
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