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AMBIGUITY IS THE “DEATH KNELL” FOR RED BULL COLOUR COMBINATION TRADE MARK APPLICATIONS

01 December 2017

Following on the judgment from the EU General Court for Red Bull's failed attempt to register its silver and blue colour combination as a trade mark, Harrison Lee, trade mark attorney at leading European intellectual property firm, Potter Clarkson, said:
 
“This judgment serves as a reminder of how difficult it is to register colour combination trade marks in the EU. This decision reinforces the existing case law, that any ambiguity in the description of a colour combination will not be accepted, and this appears to have been the death knell for Red Bull’s applications.
 
“Whilst the court’s decision makes clear that Red Bull fell short of providing the necessary level of precision, it does not indicate what would have been sufficient, so is of little help to brand owners who might want to register a trade mark comprising a colour combination in the future.”

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