Heidelberger Bauchmire GMbH, Case C-49/02, 2004 ETMR 99
Citation: Heidelberger Bauchmire GMbH, Case C-49/02, 2004 ETMR 99
Rule of thumb: Can an organisation in a sector claim their trade mark covers a colour scheme? No, colour scheme alone can be copied.
Judgment:
Where the shape being registered in a trade mark logo is too simplistic a trade mark application will be rejected, ‘the mere juxtaposition of two or more colours, without shape or contours, or a reference to two or more colours “in every conceivable form”, as is the case with the trade mark which is the subject of the main proceedings, does not exhibit the qualities of precision and uniformity’.
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