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…

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