ADCC 500/19
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.