Specsavers — CJEU ruling concerning genuine use of trademarks

For the third time in the space of one year, the Court of Justice of the European Union (CJEU) has ruled on issues concerning the genuine use of trademarks under European trademark law. Importantly, it held that a mark that is registered in black and white but consistently used in a specific colour may see its protection influenced by that fact. At the same time, where a potential infringer uses a sign in its own corporate colour, that fact can also be taken into account when ruling on whether there is confusion or free riding. Furthermore, use of that corporate colour can amount to ‘due cause’ in the context of free riding…

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