The UK Intellectual Property Office (IPO) has issued a Tribunal Practice Notice confirming that, where a trade mark registered in black and white form has been extensively used in a particular colour or colours, the court can take this into account when it is considering issues of likelihood of confusion, detriment and unfair advantage. It also says that in infringement proceedings, it may be relevant that the later mark has been used in particular colours. The same principle applies in opposition and cancellation proceedings. The clarification of practice arises from the ECJ's judgment in Specsavers v Asda (Case C-252/12).
If this is something you would like to find out more about, please contact Stewart Pettigrew of the Corporate Team on 0141 333 6750.
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