Most notably, the following applies:

"When examining for priority or double identity of a sign, its "identity" is decisive. To interpret this vague legal term, the following principles have been agreed on:

• As a rule, an older black-and-white word/figurative or figurative mark is not identical to the same sign in colour.
• Exception: if the differences are so minor that the average consumer does not notice them.
• That means that in such cases where the identity of two signs is decisive, the protection of the older trade mark is basically limited to the black-and-white representation.

Important: The common principles concern priority and double identity, however, not the similarity between marks pursuant to Section 9(1) no. 2 of the Trade Mark Act. The following still applies in this case:

• Protection of a black-and-white registration extends to all coloured representations.
• Exception: if it is the colour that leads to a special effect of the image.

Regarding the use of a trade mark in a shape which deviates from the registration, the following principle still applies:

• The use of a black-and-white word/figurative mark in a shape which deviates in its colour from the registration (and vice versa) is deemed use of the registered trade mark insofar as the deviation does not affect its distinctive character."