ADCC 500/19

This case involved a request for the cancellation of a Trademarks Committee decision to refuse the registration of a trademark, Key issues in this case included that the word ‘Red' was included in the trademark and colours and common words cannot be given protection, At issue was also whether the claimant could use all parts that made up the trademark without reservation.

Background

A claim was brought by a company asking the court to cancel a decision by the Trademarks Committee which had refused to register a company's trademark. The refusal was based on the trademark being a claim to possession of an expression or single colour. The claimant wanted to register the trademark as a whole and not in part. The Court of First Instance dismissed the claim and the claimant appealed. The appeal court reversed the judgement and found in favour of the claimant. The defendant appealed by cassation arguing it would have accepted the trademark if it had not contained the words 'Red Label' as the word 'red' can be used by all, and allowing it to be registered would have been a contravention of the rule that common words and colours cannot be given protection.