By David Rose KWM SJ Berwin’s Intellectual Property Group

In January this year, we reported on OHIM’s announcement of a new common practice for trademarks registered in black and white. OHIM and the participating national offices have now issued a Common Communication, together with details of the implementation process.

Under the new Common Practice, a black & white (or greyscale) mark will only be considered identical to a sign in colour where the differences between the signs are so insignificant that they will go unnoticed by the average consumer. An insignificant difference will be one that a reasonably observant consumer will perceive only upon a side by side examination of the marks.
Continue Reading OHIM and National Trade Mark Offices Announce Common Practice on Black & White Marks