Industrial Property Office

Common Communication on the Common Practice of the Scope of Protection of Black and White (“B&W”) Marks

The trade mark offices of the European Union in their commitment to continue to collaborate in the context of the Convergence Programme through the European Trade Mark and Design Network have agreed on a common practice with regard to trade marks in B&W and/or greyscale. Thecommon practice is made public through a Common Communication with the purpose of further increasing transparency, legal certainty, and predictability for the benefit of examiners and users alike.
The subject of this Common Communication is the convergence of the different handlings of trade marks in B&W and/or greyscale as regards priority, relative grounds, and genuine use.

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