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.