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Should ASDA have gone to Specsavers? CJEU decision in C-252/12 & UKIPO Practice Notice (1/2014)

spectaclesThe Court of Justice of the European Union (herein after “CJEU”) has issued its judgment in Case C-252/12, Specsavers International Healthcare Limited and Others v Asda Stores Limited and the UKIPO has issued Tribunal Practice Notice 1/2014.

The Court of Appeal (England & Wales) (Civil Division) had stayed proceedings and referred five questions to the CJEU for a preliminary ruling as they felt that Article 9(1)(b) and (c) of Regulation No 207/2009 needed further clarification where a mark registered in black and white had been used extensively in colour. In particular, questions 4 and 5 asked: (more…)