Glaxo Loses Appeal For Asthma Inhaler Color Trademark In EU

Law360, London (September 9, 2020, 4:21 PM BST) -- A European court rejected an attempt by a subsidiary of GlaxoSmithKline PLC on Wednesday to register a trademark for a shade of the color purple — the hue of the pharmaceutical giant's asthma inhalers — saying it lacked "inherent distinctive character."

The court said in its ruling on GlaxoSmithKline that colors are inherently distinctive only in "exceptional circumstances." (AP Photo/Kirsty Wigglesworth)) The General Court of the European Union backed earlier decisions by the European Union Intellectual Property Office and its board of appeal. They held that Glaxo's use of the color was more "descriptive" than distinguishing, despite the company's evidence that consumers...

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