![]() (Article 7(1)(b) of EU Regulation 2017/1001 bars the registration of trademarks that are “devoid of any distinctive character.”) Magnetec first filed an application with the EUIPO for “Light blue: RAL 5012” for use in Class 6 (“alloys non-ferrous metal alloys,” etc.), Class 9 (“magnetic cores inductive components for the derivation of wave currents inductive components for motor protection,” etc.), and Class 17 (“insulating sheaths for the electrical covering of cables,” etc.) in February 2019, which an EUIPO examiner refused on the basis that the color trademark lacks the necessary “distinctive character” to act – and be registered – as a trademark. On the heels of the European Union Intellectual Property Office (“EUIPO”) refusing to register an application lodged by Magnetec GmbH for a light blue hue for use on things like metal alloys, inductive components, and insulating sheaths, and a subsequent loss for Magnetec before the EUIPO’s Fourth Board of Appeal, the European Union General Court handed the Langenselbold, Germany-based company a win in the latest round of a clash over a color trademark. A recent win for a German electromagnetic component manufacturer provides the latest insight into color trademarks in the European Union, as companies across the board look to distinguish themselves and their offerings by way of signature hues. ![]()
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