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ARTICLE · 10 JULY 2019

Distinction Between Colour And Figurative Marks Is Crucial For Registration Purposes

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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The central question was whether a sign represented as a colour drawing (as above) can be registered as a colour mark.

European UnionIntellectual Property
Thibaut D'Hulst
Thibaut D'Hulst
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On 27 March 2019, the Court of Justice of the European Union (the "ECJ") clarified the conditions required for registering a colour trade mark under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (the "Trade Mark Directive") in case C-578/17, Oy Hartwall Ab v. Patentti- ja rekisterihallitus.

Oy Hartwall Ab, a Finnish company, had applied to the Patentti- ja rekisterihallitus (the Intellectual Property Office ("IPO") of Finland) to register a trade mark for a sign described as: "The colours of the sign are blue (PMS 2748, PMS CYAN) and grey (PMS 877)" in class 32: "Mineral waters", and depicted by the following representation:

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