The cosmetics market is growing and with it the number of different trademarks reported for this type of products. Therefore, conflicts between trademark registrations are inevitable. Their assessment is essentially the result of an assessment of the similarity of the compared goods and the similarity of the compared trademarks.
The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.
Changes to the EU’s trademark regulations entered into force on 1 October 2017, recognising for the first time multimedia marks combining image and sound. They may consist for example of animations launched in mobile devices or apps, jingles from film studios, brief video clips, and so on.
Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.
The award of multiple hypothetical royalties provided for in Poland’s Copyright Act is the subject of numerous debates and various rulings by the Constitutional Tribunal and the Court of Justice of the European Union.
In resolving a conflict between a trademark and a business name, what will essentially be decisive is who first used the disputed designation. The true subject of the business will also be relevant.