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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
European Trade Mark and Design Network: in black, white and colour

The European Trade Mark and Design Network -- an initiative designed to reduce the differences in practices between the EU national offices and OHIM -- issued a common communication earlier this month on the scope of protection of trade marks registered in black and white.  This 20-page guidance comes into effect on 15 July 2014. Addressing the current divergence in national offices' approaches (some offices give such marks protection for all colours and colour combinations, while other offices only protect them in black and white), the communication sets out the practice for marks registered in black and white and/or greyscale and how to determine whether the same mark in colour is to be considered identical with regard to priority claims and relative grounds for refusal.

The communication does not deal with how to determine whether a black and white mark is considered identical to a trade mark registered in colour, with regard to priority claims and relative grounds for refusal. Nor does it deal with the assessment of similarities between colours, acquired distinctiveness, infringement or colour marks per se

Posted by: Blog Administrator @ 12.11
Tags: colour trade marks, black and white trade marks,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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