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ARTICLE · 09 AUGUST 2019

What Lessons Can Be Learnt From A Recent CJEU Decision Concerning Red Bull's Colour-Combination Marks?

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Securing colour trade mark registrations in the EU can be challenging. The EU trade mark Registry faces the difficult task of balancing the rights provided

United KingdomIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Securing colour trade mark registrations in the EU can be challenging. The EU trade mark Registry faces the difficult task of balancing the rights provided in the EUTMR against the strong public interests in keeping colours free for all to use. Red Bull's latest defeat at the CJEU (C-124/18 P - Red Bull v EUIPO) confirms that registering a combination of two colours requires information about the colours to be registered as well as a precise description of how these colours will be applied when in use. This decision demonstrates the difficulties brand owners may face in obtaining and retaining broad registered protection for colour combinations.    

Background of the Dispute

Although Red Bull had secured two registrations for the colour combination blue and silver, based on evidence of acquired distinctiveness, Declarations of Invalidity were filed against Red Bull's two EU colour-combination mark registrations No. 002534774 (registered in 2005) and No. 009417668

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