EU: CJEU to Shed Light on Colour Per Se

Is it sufficient when filing a colour per se mark for two colours to just indicate the percentages of the colours for which protection is sought – or does the applicant have to indicate clearly how the colours will be used on a specific product or in relation to a service?

The CJEU judgment in Red Bull v. EUIPO [Blue/Silver] expected on 29 July 2019 is likely to bring clarity to this question after 25 years of having the possibility to register colours per se… a long wait indeed! We will follow-up on this topic once the judgement is out.

Authored by Andreas Renck