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Spain rejects Orange's exclusive right to the colour orange
2014-01-13 16:40:00| Telecompaper Headlines
(Telecompaper) The Spanish Supreme Court has ruled that France Telecom does not own exclusive rights to use the square orange logo of its Orange brand. France Telecom's application to register its international trademark consisting of a square in the colour orange (specifically Pantone 151) in Spain was opposed by rival Spanish operator Jazztel back in 2009 on the grounds that it lacked distinctive character. In its ruling, reported in El País, the Supreme Court upheld the judgment of the High Court of Justice of Madrid, which had previously reversed the Spanish Patent and Trademark Office's decision to grant Orange's trademark. Jazztel lodged a contentious-administrative appeal against the original grant, arguing that it too used orange-coloured figurative elements, and its position has finally been accepted by the Supreme Court, which confirmed that although colour marks are eligible for registration under certain circumstances, Orange's square logo lacked sufficient distinctive character, adding that "the colour orange should be accessible to all traders in the marketplace".
Tags: spain
orange
exclusive
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Category:Telecommunications