Glaxo’s colour mark invalidated after high bar set by the courts

European Union

In Glaxo Wellcome UK Limited (t/a Allen & Hanburys), Glaxo Group Limited v Sandoz Limited, the High Court held that under the EU Trademark Regulation, Glaxo’s purple-combination colour trademark was invalid. The decision illustrates the difficulties of making applications for colour marks which are used in a variable way.

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