T-Mobile has used magenta extensively in the Netherlands since 1990 and has registered the colour as a trademark. The company is rather strict when others use a similar shade. However, not everyone immediately backs down. When Lebara is challenged, it fights back by launching a nullity procedure with the Benelux trademark authorities. The argument is that a colour can only be a trademark if it has become distinctive among the relevant public. For colours, this must include consumers across the Netherlands, Belgium, and Luxembourg. Since T-Mobile doesn’t use magenta in Belgium or Luxembourg, the authorities ruled the colour trademark invalid.
In contrast, a few months earlier, the outcome of a similar case was different. FrieslandCampina has used yellow for its CHOCOMEL products since 1932 and registered the colour as a trademark. When CACAOLAT applied for protection for a logo with a similar shade of yellow, FrieslandCampina objected. The trademark authorities confirmed that CHOCOMEL’s yellow was valid because it had been used consistently across the entire Benelux region. Moreover, the colour had become widely known and reputable due to its long-standing use. Since CACAOLAT’s colour was nearly identical, it was ruled that consumers might associate it with CHOCOMEL, which would amount to riding on CHOCOMEL’s reputation. Consequently, the CACAOLAT logo was rejected for similar products.
