The European Trade Mark and Design Network, an initiative designed to reduce the differences in practices between the EU national offices as well as OHIM, has issued a common communication on the scope of protection of trade marks registered in black and white, which will come into effect on 15 July 2014. The communication explains that there is currently a divergence in national offices' approach, with some offices giving such marks protection for all colours and colour combinations, and other offices only protecting 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. It also sets out how to determine whether the use of a colour version of a mark registered in black and white and/or greyscale (or vice-versa) is acceptable for the purpose of establishing genuine use.

The communication makes it clear that it 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. For more information, see Practice note, Trade marks: Registration and portfolio management.

Source: European Trade Mark and Design Network common communication, 15 April 2014.