2004, that tradition seemed in the brand's favour.
In 2008, rival chocolatier Nestle contested the trademark, starting a legal battle that appears to be over--for now. Last year, Cadbury prevailed in court. Last week, however, the UK Court of Appeal ruled that Cadbury cannot have the trademark because the application 'required clarity, precision, self containment, durability and objectivity to qualify for registration'.
The result is that Cadbury is not able to have exclusive use of this purple colour for milk chocolate bars or any other product. However, it still retains the legal right to prevent competitors from copying its trade dress (the visual appearance of a product, including its shape and the colour of packaging) in an attempt to 'pass off their products as Cadbury chocolate', as the company notes in a statement.
Cadbury has the option of appealing through EU legal channels. Or it may reapply for trademark protection with more specific language.