PETILLION provides further insight to Managing IP on the implications of the recent Red Bull ruling regarding colour marks
Managing Intellectual Property (MIP) has interviewed Alexander Heirwegh on the EU Court of Justice's recent ruling regarding Red Bull's application for colour combination marks. A ruling which can have significant implications on existing colour mark registrations that are not sufficiently precise to meet the 'precision threshold' of the EUTMR.
Alexander talks about the importance for colour mark applicants to choose the right words when ‘wordsmithing’ the verbal description accompanying the graphical representation of their colour mark application, especially for colour combinations.
He determines that the challenge will be to specifically tailor a description to be sufficiently precise, while allowing the biggest scope of protection for the trademark owner.
You can read the article online on MIP's website here.