London Associate Ellen Hughes-Jones authored an article for World Trademark Review examining the decision from the High Court confirming that Babybel’s red wax coating of its Mini Babybel cheese was invalid under Section 1(1) of the Trademarks Act. The court, she explains, held that “the mark must be limited to a single hue of red…because it will only be capable of distinguishing Fromageries Bel’s products (and therefore act “as a trademark”) if the particular hue used on the main body of the product is associated with Babybel.”
Hughes-Jones noted that the decision is “no doubt a bitter blow to Fromageries Bel, which has held the registration since 1997 when it was clearly accepted without issue.”
To read the article, click here. This article first appeared on WTR Daily, part of World Trademark Review, in February 2020.