Did you have a Brat Summer?
For those who don’t immediately grasp the reference, Charli XCX's album “Brat” is the zeitgeisty phenomenon this year, sparking a new viral trend known as “Brat Summer.”
The fashion world embraced "Brat Summer," a trend characterised by bold, playful, and rebellious styles. Central to the Brat aesthetic, or ‘attitude,’ is the use of vivid colours, especially the vibrant green featured on the album cover. This vibrant hue is seen across everything from accessories to full outfits, symbolising youthful energy, freshness, and a touch of edginess. Even Kamala Harris has adopted, maybe to appeal to young voters or to herald the sea-change she’s brought about in US politics, the ubiquitous on-trend colour as a back-drop to her campaign.
Charli herself seems to be encouraging the viral adoption by others of the colour green, which most brand owners would eschew for fear of their signature colour becoming generic. Nevertheless, the dominance of green in Brat Summer has sparked interest in the legal and branding world, particularly regarding single-colour trade marks. While registering a single colour as a trade mark is notoriously challenging, it’s not impossible. For a colour to be eligible for trade mark protection, it must be shown that the colour alone is capable of functioning as a brand identifier and has acquired distinctiveness in the marketplace over a period of time.
Both Tiffany & Co.'s blue and Mars Petcare’s ‘Whiskas’ purple are prime examples of successful colour trade marks. That said, although in 2012 Cadbury’s was granted permission to register a particular shade of purple as a trade mark, Nestlé opposed, arguing that the colour was not sufficiently distinctive to function as a trade mark and were ultimately successful. The Cadbury ruling has significant implications for businesses seeking to protect their brand colours in the UK. To successfully register a colour as a trade mark, companies must provide compelling evidence of the colour’s association with their products in the eyes of consumers. This may include long-term and extensive use of the colour in advertising, packaging, and marketing materials.
For fashion brands riding the Brat Summer wave, the extensive use of green presents an intriguing opportunity. If a brand can consistently associate a particular shade of green with its identity, it could potentially pursue trade mark protection. However, achieving this requires not only widespread recognition but also a clear, consistent application of the specific colour on particular goods and services.
As Brat Summer fades into autumn, it will be interesting to see if brand owners start to question if their own colours function as brand-identifiers and seek advice with a view of pursuing possible registered trade mark protection.
For more information, please contact Clare Jackman.
