November 14, 2025October 21, 2025

CASE SPOTLIGHT: Lotus Bakeries vs EUIPO — Can Colours Alone Be Trademarks? 🎨🍪

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In Intellectual Property Rights

WHAT HAPPENED

applied to register the colour combination red + white (Pantone 186 C + white) as a trademark for its biscuits, spreads, and waffles (Class 30).
The application, filed on 22 February 2022, described the colours as being applied “in every conceivable form” — without fixed contours or shape.

The EUIPO refused the mark, and the General Court dismissed the appeal, ruling that these colours were too commonplace in the food sector and lacked distinctive character.

KEY DETAILS

  • Colours viewed as decorative, not origin indicators.
  • Courts cited:
    • Libertel (C-104/01): Single colours need acquired distinctiveness.
    • Heidelberger Bauchemie (C-49/02): Colour combinations must have a consistent arrangement that consumers link to the source.

WHY IT MATTERS

✔ Colour marks without arrangement rarely succeed.
✔ Distinctiveness must be inherent or acquired through use.
✔ Use in packaging ≠ trademark use unless consumers identify it with the brand.
✔ Courts protect public interest — no monopolisation of basic colours.

EXY IP INSIGHT

🎨 Colour can be a strong branding tool, but legal protection depends on precision and proof:

  • Define your colour arrangement clearly.
  • Gather evidence of distinctiveness (sales, recognition, advertising).

📌 Stay updated with Exy IP for more insights into how brands, colours, and creativity intersect under IP law.

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