In Poland the Red Cross has opposed the registration of Alta’s new trademark. Alta’s new trademark contained a polar bear in front of a red cross. It is not allowed to use flags and other international symbols as a trademark. The Polish court decided that this is the case even if other distinctive elements are part of the mark, such as a polar bear.
MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE.
Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark.
Infringement or not?