Schwarzkopf is a well known trademark of Henkel for hair products. The logo of Schwarzkopf is, quite logical, a silhouette of a man. Henkel has registered its marks in various ways including the logo itself without any word elements. Unfortunately for Henkel non of these registrations could prevent the registration of the trademark below in France.
This trademark has been filed by Evidemment Belle for cosmetics. Henkel filed an opposition against this application, but the French Trademark Office rejected this opposition.
The trademarks office admits that both brands consist of a silhouette. In French “des visages d’adultes en ombre chinoise” (it sounds like holiday for us).
But the office continues: one logo is of a man and the other is of a woman with clearly frizzy hair. The application also includes some words (whereas Evidemment is the dominant word element). Finally, the graphic curles at the end do play role in the overall impression. In view of the overall impression of the marks, the trademarks are not similar. Seems like a bad hair day!
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“Trademark protection gives freedom to do business.”