spacer
home > pmps > autumn 2003 > colours as registered trademarks
PUBLICATIONS
Pharmaceutical Manufacturing and Packing Sourcer

Colours as Registered Trademarks

The pharmaceutical industry has been moving away from the traditional research-driven business model to one that is motivated by the marketing of major branded products. Compelled by the need to create bestseller products and then defend their sales post-patent expiry, pharmaceutical companies are increasingly using the power of branding to capture the hearts and minds of the public.

Colours are often the central element of a product's branding, and reputation can be built on colour alone. By way of example, AstraZeneca's Losec was promoted as the 'purple pill' in advertisements, and the replacement for Losec - Nexium - is the same colour and is referred to as 'the new purple pill'. Also, in advertisements for Pfizer's Viagra, Bob Dole refers to the pill as his 'little blue friend'. So to what extent can companies protect the colours of their products and packaging as national trademarks in the UK, or alternatively as community trademarks (CTMs)?

This article will briefly discuss the advantages of registered Trademarks and the approach taken by the UK Trade Marks Registry and the Office of Harmonisation for the Internal Market (OHIM) (which grants CTMs) towards the registration of colours as trademarks. It will then discuss the recent European Court of Justice (ECJ) decision in Libertel Groep BV v Benelux-Merkenbureau (1), which will have an important impact on the way in which EU trademark offices will approach applications to register colour marks in the future and consequently on the way colours will be used in the pharmaceutical industry as source identifiers.


Read full article from PDF >>

Rate this article You must be a member of the site to make a vote.  
Average rating:
0
     

There are no comments in regards to this article.

spacer
By Sara Elwyn Jones, Associate at Taylor Wessing

Sara Elwyn Jones is an Associate in the intellectual property department of the London office of Taylor Wessing, an international law firm. After studying Law and French at Cardiff University and taking her Law Society finals at Nottingham, Sara trained for two years with the firm before qualifying into the intellectual property department two years ago. Sara specialises in all aspects of intellectual property including both contentious and non-contentious work.

spacer
Sara Elwyn Jones
spacer
spacer
Print this page
Send to a friend
Privacy statement
News and Press Releases

Sartorius debuts the Intellicyt iQue3 at CYTO® 2019

Sartorius will be showcasing the latest addition to its cellular analysis portfolio on booth #103 at this year’s CYTO® conference and exhibition, with the launch of the Intellicyt iQue3. The event – which takes place in Vancouver, Canada, from June 22 to 26 – will give delegates the chance to explore a smarter way to perform flow cytometry experiments.
More info >>

White Papers

Nasal Drug Delivery with a Focus on Chronic Rhino-Sinusitis

Aptar Pharma

Aptar Pharma have hosted a scientific roundtable on “Nasal drug delivery with a focus on chronic rhino‑sinusitis”. This international scientific forum was held in Paris, France on November 13th 2012. The roundtable was organized to explore and exchange views on the science of various forms of sinusitis and its related unmet medical needs.
More info >>

 
Industry Events

CPhI & P-MEC India

26-28 November 2019, India Expo Centre, Greater Noida, Delhi NCR, India

As the pharma industry looks increasingly towards India for high quality, low cost pharma solutions, CPhI & P-MEC India is the ideal event for companies wanting to pick up on the latest trends and innovations the market has to offer. At CPhI & P-MEC India, you will meet the movers and shakers from India's pharma machinery, technology and ingredients industries, giving you a competitive advantage that will help grow your business.
More info >>

 

 

©2000-2011 Samedan Ltd.
Add to favourites

Print this page

Send to a friend
Privacy statement