date:Oct 16, 2012
on more esoteric lines. It was conceded that the colour itself was distinctive but Nestl argued on the letter of the law that the mark was not a sign capable of being represented graphically.
Defining a mark graphically so that third parties can readily establish precisely what rights are owned is an essential element of trademark law. Nestl referred to a number of decisions of the Court of Justice of the EU where this issue had been discussed.
But the leading decision still clearly suggeste