The brand, which has used the purple for more than 90 years, last year won a High Court battle against rival chocolate brand Nestlé, giving it exclusive rights to use the colour for chocolate bar and drink packaging.
Nestlé, however, appealed against this ruling and has now won a case at the Court of Appeal, which means that Cadbury is unable to register exclusive trademark rights to the colour.
Cadbury, however, says it still has rights to protect its colour purple against other companies seeking to pass their products off as Cadbury. It may also appeal against the latest decision.
A Cadbury spokesman says, ‘We are disappointed by this latest decision, but it’s important to point out that it does not affect our long-held right to protect our distinctive colour purple from others seeking to pass off their products as Cadbury chocolate.
‘Our colour purple has been linked with Cadbury for a century and the British public has grown up understanding its link with our chocolate. We are studying this particular ruling and will consider our next steps which includes the possibility of an appeal.’
A spokesman for Nestlé says, ‘We welcome the Court of Appeal’s decision to uphold Nestlé’s objection against Mondelez’s proposal to trade mark its Dairy Milk “Purple” colour across a broad range of products. We believe this was the right outcome from a legal perspective.’