The importance of colour: Specsavers v Asda

By Suzy Shinner

In the case of Specsavers International Healthcare Ltd and Others v Asda Stores Ltd, the Court of Justice of the European Union (CJEU) ruled on the relevance of colour to a mark.

The judgment indicated that where a mark is registered in black and white but has been used extensively in a particular colour or colours so that the mark has been associated in the mind of a significant portion of the public with such colour(s), the colour(s) may be taken into account as a relevant factor when considering the likelihood of confusion and whether the use is detrimental to or takes unfair advantage of the mark…

Click on the link below to read the rest of the Taylor Wessing briefing.

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