The financial company Monzo withdrawn its UK color trademark application for Hot Coral Pantone 805 C. Monzo uses this color for its bank cards.
Most likely that happened because the company had failed to register identical European trademark earlier. The Board of Appeal of the EUIPO confirmed that Pantone 805 C cannot represent a trademark because of a lack of distinctiveness.
Most consumers will perceive the color only as a decorative element, not as a sign for trade origin.
In a case like that, the onliest chance for the applicant is to prove that the sign has acquired secondary distinctiveness as a result of intense market use. However, that task can be really challenging especially when it comes to one color alone.
Source: WIPR.
INTELLECTUAL PROPERTY PLANET 