Is the use of a trademark for “cosmeto-textiles” and essential oil mists equivalent to the use of this trademark for essential oils and cosmetics? The answer is no! Sylvie Benoliel-Claux, member of the Paris Bar, explains.
The French Court of Cassation has just handed down an interesting ruling.
The background to the case is simple: after an application for revocation successfully brought by a third party before the INPI, then upheld by the Colmar Court of Appeal, the “Skin’up” trademark was partially revoked, and remains registered only for “essential oils” and “cosmetics” in class 3.
Before the Court of Cassation, Univers Pharmacie, the company behind the application for revocation, argued that the trademark was not being used for essential oils and cosmetics, and that it should be revoked for lack of genuine use for these products.
It was right to do so, as the Cour of Cassation overturned the appeal ruling and reiterated certain principles.
What we can learn from it
• On essential oils
For the Court of Appeal, the “Skin’up” trademark was indeed used for essential oils, as the products marketed under this trademark (cosmeto-textiles and a slimming mist) are cosmetics that include essential oils in their composition.
But products and their components should not be confused.
In our view, this is the unsurprising thrust of the Court of Cassation’s ruling: evidence of use of the trademark for cosmetic products containing essential …
