During the ECTA annual conference in Edinburgh last week, Andreas Renck spoke about the ongoing battle in registering and defending colour per se marks, in particular the question of how to correctly represent the marks on the register.

Is it sufficient when filing a colour per se mark for two colours to just indicate the percentages of the colours for which protection is sought – or does the applicant have to indicate clearly how the colours will be used on a specific product or in relation to a service?

The CJEU judgment in Red Bull v. EUIPO [Blue/Silver] expected on 29 July 2019 is likely to bring clarity to this question after 25 years of having the possibility to register colours per se… a long wait indeed! We will follow-up on this topic once the judgement is out.

[View source.]