OHIM has announced a new common practice regarding trade marks registered in black and white. This considers whether a trade mark filed in black and white and/or greyscale is identical to the same trade mark in colour with respect to priority claims and relative grounds for refusal. In addition, OHIM addresses whether the use of a colour version of a trade mark filed in black and white (and vice-versa) is acceptable for the purposes of establishing genuine use. The basic approach of the common practice is that identity between a trade mark filed in black and white and/or greyscale and a sign in colour exists only when the signs are the same in all respects, or the differences are so insignificant that they may go unnoticed by the average consumer. The common practice is expected to be implemented in the next update of OHIM’s Guidelines. Whilst the common practice and Guidelines are not binding on Courts, where marks are used in a particular colour but registered in black and white, brand owners should consider whether colour versions of such marks should also befiled.