SYNCH IN INTERNATIONAL TRADEMARK PUBLICATION
David Leffler analyses the decisions made by the First Board of Appeal at OHIM, the EU trademark agency, regarding the invalidation of two of Red Bull’s trademark registrations in an article published by the European Communities Trade Mark Association (ECTA) in June 2015.
Although colour combinations per se can fulfill the requirement of being graphically represented as set out in Article 2 of the Trade Marks Directive, the First Board of Appeal stated that an explicit description of the sign is required, associating the colours in a predetermined and uniform way. The decisions are interesting as it highlights the importance of the trademark’s description when applying for trademarks consisting of colour combinations per se.
The decisions have been appealed to the General Court of the EU and further clarifications are welcomed as these decisions is of concern for current holders of this category of trademarks.
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