Cadbury and Nestlé: What's in a colour?

As Cadbury wins the battle against Nestlé to protect its shade of

purple, Jim Prior, chief executive of branding agency The Partners,
looks at the importance of building a brand around a colour
In this enlightened age of marketing, few people will be clinging to
the idea that a brand is just a logo or a colour. So, on the face of it,
Cadbury's victory over Nestle, giving it trademark protection on the
colour purple (Pantone 2865c) may seem a little trite.
Six steps to protecting a colour as a trade mark
The same might be said of Christian Louboutin, which successfully
campaigned against Yves Saint Laurent for the exclusive rights to
make shoes with a China Red sole.
Rather than spending their money on lawyers, is it more important for
these brands to be investing in developing richer brand propositions
and more creative ideas, and bringing them alive in more engaging
and innovative ways?
The answer is yes, but not exclusively. To ignore the importance of
distinctive brand identities is to ignore a fundamental point: they are
essential to consumer choice.
The science bit
This is a deeper matter than distinguishing between different items
on-shelf. It has to do with how the human brain decides. For example,
a study of taste-tests between Coca-Cola and Pepsi, published in the
journal Neuron in 2004, used magnetic resonance imagery to show
that consumers choose differently when they know which brand they
are drinking (75% chose Coke) compared with when 'blind' (an even
split).
However, the decision process went deeper, as the visual identity of
Coca-Cola was found to trigger activity in an entirely different area
of the brain from that for Pepsi. The visual stimulus triggered a
neurological response - and a decision - which, in this case, overrode
taste.
To extrapolate more widely: brand identity is more than a corporate
label, it is a neurological mnemonic that influences what we think and
how we behave. So, dismiss the role of colour at your peril. This isn't
a debate about shades of purple or red, but what the promise and
meaning of the brands really is.
For colour alone to deliver this depth of meaning is a big ask,
however. To deliver meaning, the colour must surely be associated
with a wider narrative that it brings to mind. Hermes, for example,
makes abundant use of orange in its products and identity, reflecting
the shade of leather from its origins as a saddlery brand. Jaguar, for a
while, sought ownership of British Racing Green - an ambition
scuppered only by the fact that every other automotive brand with its
origins in Britain periodically tries the same.
For Louboutin, one can at least imagine a narrative wherein the red
sole represents a fiery passion beneath the sophisticated face.
Meanwhile, the Cadbury story seems to be one of historical
consistency. That might seem dull by comparison, but such a premise
has worked well for Tiffany's robin's egg blue (PMS 1837,
trademarked) since 1845.
A shady story
Connecting a colour to a brand story takes more than ink, pixels and
lawyers. Even if the story is there in the background, it needs to be
brought to the fore. Contemporary brands are about far more than
static logos and vast swathes of colour; they are about multi-faceted
experiences that span not just the marketing mix but the product and
service offer, internal culture and business strategy of the brand-
owner's organisation.
Apple did not become the world's most valuable brand because it
chose to own white. It did so because it delivered a holistic proposition
in which almost everything, including the colour, was right. For
Cadbury, the value of 'owning purple' comes only when it is symbolic
of a broader brand experience that delights consumers at every level -
and in that, it will need to invest continuously.
Brands have every right to protect their distinctive identities and it can
be argued that it is in the consumer's best interest that they do.
However, owning a colour is a small part of building a successful
brand.
In the final analysis, it's not ownership of a colour that matters, it's the
conscious and sub-conscious impressions that it stirs.
SIX STEPS TO PROTECTING A COLOUR AS A TRADE
MARK
 Identify the precise colour you wish to use. Use a recognised
system such as Pantone. If the colour has been in use for a long
time and there is no standard reference, Pantone can make one
up for you, such as : ‘Heinz turquoise’.
 Gather evidence that the colour has acquired distinctiveness
through use. This means using advertising to educate the public
of the colour’s importance as part of the brand. For example:
‘Trust Pink, Forget Stains’ (Vanish).
 Keep records of sales volume and value, advertising and
promotions, and independent recognition, by reference to the
specific colour.
 If you intend to use survey evidence to show acquired
distinctiveness, take advice - there are strict rules for surveys
and advance permission is needed from the Trade Marks Office.
 Limit and be precise about the colour and the goods or services
you want protection for, for example: ‘The colour red RAL
3003 applied to penknives.’
 Make sure that the colour is used consistently. You could do this
by providing instructions for use in a brand manual.

Coca Cola and Nestle are among the most recognizable global brands
or companies that need to compete on a global scale in order to remain
competitive. As recognizable global brands, these firms need to
compete based on the understanding that the world is constantly
changing. The companies must continue looking ahead in order
understanding the forces and trends that shape the business world
currently and in the future ("Mission, Vision & Values", n.d.). Such
understanding is also critical for the success of these businesses
because it enables them to effectively prepare for future events in the
industry. These efforts provide the basis for developing a long-term
destination for the business and the most appropriate strategy for
profitability. For Coca Cola Company, the roadmap to success and
profitability starts with its mission, which also helps the firm to
remain competitive in the global scale. The mission is also significant
for the profitability of the company because it states the purpose of
the firm and acts as the basis for evaluating organizational decisions,
strategies, and actions ("Mission, Vision & Values", n.d.).