BOEHMERT & BOEHMERT partner and trademark law expert Dr Florian Schwab has published a contribution in the specialist magazine Markenartikel (09/2015, p. 64) on abstract colour marks. In the article, he explains the legal implications for the establishment and defence of corporate colours and provides an insight on the current state of the law on abstract and contourless colour brands. Litigation concerning Nivea blue has recently brought this issue into focus. “Abstract colour marks are very popular and reveal numerous legal pitfalls. Recent high court judgements have brought clarity with respect to enforcement and have also made clear that there is no fixed or indeed level of enforcement is to be expected for colour marks than for other categories,” Dr Schwab comments. The entire article is available for subscribers or as an individual booklet (and as app).
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