international colour code such as RAL or Pantone. In most cases, a colour trademark will be registered only after an enhanced distinctiveness through use in the EC has been proved. United Kingdom In the United Kingdom, trade marks consisting of colours or combinations of colours can be registered. However, an applicant's ability to register colour trade marks is limited by several considerations, in line with European Union jurisprudence. Thus, for example, while a trade mark described simply as a colour is registrable, a trade mark described as consisting "predominantly" of a particular colour is not. In a recent case, the High Court of Justice, Court of Chancery held that an application to register such a trade mark was permissible in Société des Produits Nestlé S.A. v. Cadbury UK Limited (2012), but on appeal the Court of Appeal reversed the decision in October 2014. United States In the United States, the United States Court of Appeals ruled in 1985 that Owens Corning had the right to prevent competitors from using the colour pink in their insulation products, thus making Owens Corning the first company in the United States to trademark a colour. In 1995, the United States Supreme Court further acknowledged that a colour could be used as a trademark in the case of Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995). The trademark owner must show that the trademark colour has acquired substantial distinctiveness, and the colour indicates source of the goods to which it is applied. Functionality bar The Lanham Act specifically states that "[n]o trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it (e) Consists of a mark which (5) comprises any matter that, as a whole, is functional." . If a colour is held functional for any product, then it is not registrable or protectable as a trademark. Several U.S. Courts have dealt with the matter, and colours have been held functional for various purposes. In Saint-Gobain Corp. v. 3M Co., 90 USPQ2d 1425 (TTAB 2007), the purple colour was considered functional for coated abrasives, because “[i]n the field of coated abrasives, color serves a myriad of functions, including color coding, and the need to color code lends support for the basic finding that color, including purple, is functional in the field