The case of a challenged trademark turned on the assessment of similarity between it and the well known luxury brand’s mark, as Agnieszka Skrzypczak reports.
Swiss company Cartier International is the owner of a number of trademark registrations in Poland for the word ‘Cartier’. One such mark is registration number 51277, which has priority from September 6, 1972. It covers goods in Class 3 such as “perfume extracts, toilet water, make-up powder, rouge, lip liners, mascara, eyebrow pencils and perfumery products”.
Another registration is a word-figurative trademark for ‘Cartier’, with the registration number 59579, which has priority from February 18, 1982. It covers the following goods in Class 3: perfumes; perfumery; toilet water; ethereal oils; beauty care preparations; cosmetics; creams; powders; make-up preparations; milk for toilet purposes; lotions; toilet soaps; shampoos; toothpaste; bath salts; bath oils; sunscreen and sun-tanning preparations; all the aforesaid goods in solid, liquid or spray form.
cosmetic, trademark, Cartier