The NIVEA Blue Effect: Can Increased Distinctiveness Create Likelihood Of Confusion Based On Common Colours?

• Higher Board of the Turkish Patent and Trademark Office upheld Beiersdorf's opposition against a later trademark sharing NIVEA's distinctive blue-and-white composition
• The Board highlighted the later mark could cause a likelihood of confusion with NIVEA, give the earlier's strong distinctiveness and recognisability from its blue and white colour scheme
• This precedent confirms colour and composition similarities can be decisive in trademark disputes when earlier marks have gained distinctiveness through consistent use of certain colours

Comparisons between word and figurative trademarks are made based on well-established principles. However, if the similarity argument is based primarily on common colours and composition, the evaluation is more complex, and a more holistic approach prevails.