Confectionery company Cadbury has lost a court battle to trademark the distinctive colour of its Dairy Milk packaging.

The company was granted the exclusive rights to the colour, Pantone 2865c, last year as part of a legal battle that has been running since 2008. However, Swiss rival Nestle has now won an appeal in the UK courts.

The Court of Appeal said that the trademark application did not comply with the requirements, lacking the necessary “clarity, precision, self-containment, durability and objectivity”.
"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," said a Cadbury spokesman. "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."