Rothmans Benson & Hedges Inc. v. Imperial Tobacco Products Limited

Imperial Tobacco applied for a trademark on the use of the color orange on cigarette packaging. This decision by the Court of Appeal upheld an earlier ruling finding that, in principle, a color can be registered as a trademark. Despite objections by another tobacco company, the court found that the color had in fact been used in product packaging by Imperial and that the trademark application accurately depicted the trademarks despite health warnings that also appear on the package. 


Rothmans, Benson & Hedges, Inc. v. Imperial Tobacco Products Limited, 2015 FCA 111 (2015).

  • Canada
  • May 1, 2015
  • Federal Court of Appeal


Plaintiff Rothmans, Benson & Hedges, Inc.

Defendant Imperial Tobacco Products Limited

Legislation Cited

Trademarks Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product