Change in UK and EU trade mark practice highlights the
importance of reviewing your black & white logo marks
As part of a convergence programme to harmonise certain trade
mark practices across the EU1, some important changes
are coming into effect in mid-2014 concerning the effect and scope
of logo trade marks, specifically those registered in black and
white ('B&W').
This exercise was deemed to be necessary because of the fact
that some EU countries, including the UK, treat logo marks
registered in B&W as protecting that logo for all colour
variations whilst others adopted a 'what you see is what
you get' approach, limiting the scope of a B&W mark to
that representation only. The latter approach may of course have a
negative impact if a mark is primarily used in a particular colour
by potentially leaving the mark unable to show genuine use as
registered. The 'what you see is what you get'
approach would also affect the scope of the mark when compared
against a
