Region: Lithuania

Atlantic successful in opposition against ATLANT marks

Atlantic, a French company which owns the marks ATLANTIC and ATLANTIC GROUP for goods in Classes 9 and 11 and services in Class 37, has prevailed in opposition proceedings against the international figurative marks ATLANT for Class 11 goods and Class 37 services. Among other things, the Appeals Division of the State Patent Bureau stated that there was a close link between the opposed services in Class 37 and the goods in Class 11 covered by Atlantic’s marks.

09 April 2015

Apple prevents registration of figurative PLUSH APPLE mark for Class 28 goods

The Appeal Division of the State Patent Bureau has upheld Apple Inc’s opposition against the registration of the figurative mark PLUSH APPLE for goods in Class 28, finding that there was a likelihood of confusion with Apple’s apple logo mark. Among other things, the Appeal Division found that the overall perception of both marks was based on the graphic element representing an apple, which was accentuated by the word ‘apple’ in the opposed trademark.

04 December 2014

Sky International fails to prevent registration of figurative mark containing 'sky'

The Appeal Division of the State Patent Bureau has dismissed Sky International AG’s opposition against the registration of the figurative mark SKYTER for goods in Class 9 and services in Classes 35 and 38 on the ground that there was no likelihood of confusion with the opponent’s SKY marks. Among other things, the Appeal Division relied on EU case law concerning the comparison of complex trademarks with word marks.

01 May 2014

Marks consisting of geographic place name held to be distinctive for cheese

The Appeal Division of the State Patent Bureau has held that the trademarks RAMBYNAS and RAMBYNO for “milk and milk products” in Class 29 were valid. Among other things, the Appeal Division dismissed the opponent’s argument that the word ‘Rambynas’ designated the geographic origin of the goods (Rambynas being the name of a hill in a national park) and that, therefore, the marks were misleading with regard to goods not originating from that place.

03 February 2014

McDonald's successful in opposition proceedings against MACCOFFEE mark

McDonald’s International Property Company Ltd has prevailed in opposition proceedings against the registration of the figurative trademark MACCOFFEE 3 IN 1 for “instant coffee mix” in Class 30. The Appeal Division of the State Patent Bureau found that there was a likelihood of confusion between MACCOFFEE 3 IN 1 and McDonald’s MCCAFE marks.

24 October 2013

Court orders invalidation of 'tree' mark for air fresheners

The Vilnius Regional Court has upheld Julius Sämann Ltd’s request for a declaration of invalidity of the international figurative trademark FOREST FRESH for air fresheners on the grounds that it was confusingly similar to its earlier ‘tree’ trademarks for identical goods. The court also upheld Julius Sämann’s request that its ‘tree’ marks be recognised as well known in Lithuania.

27 June 2013

Small differences between short marks may lead to different overall impressions

The Appeal Division of the Lithuanian State Patent Bureau has found that there was no likelihood of confusion between the figurative marks ZENO and ZERO, which both covered identical or similar goods and services. Among other things, the Appeal Division noted that the shorter a trademark is, the more easily the public will be able to perceive every single element. Therefore, small differences between short marks may lead to different overall impressions.

25 March 2013

Amendments to trademark law to come into force

After ratifying the Singapore Treaty late last year, Lithuania’s parliament has adopted amendments to Lithuania’s Law on Trademarks, which will enter into force on June 1 2013. The amendments will introduce important changes concerning licences, assignments and acquiescence, among other things.

15 March 2013

Gillette prevents registration of GILLETTE for Class 9 goods

The Gillette Company has successfully opposed the registration of the trademark GILLETTE for goods in Class 9, including accumulators and batteries. Among other things, the Appeal Division of the Lithuanian State Patent Bureau found that use of the mark would take unfair advantage of, or be detrimental to, the distinctive character or the repute of Gillette’s earlier CTM GILLETTE.

15 January 2013

Clothing mark might be perceived as belonging to opponent's family of marks

The Appeal Division of the State Patent Bureau has held that the mark APRANGA ČEMPIONAMS was invalid on the grounds that it was confusingly similar to APB Apranga’s earlier APRANGA marks. Among other things, the Appeal Division found that APB Apranga had demonstrated that its marks are part of a family of marks, since they all share a common element which has acquired distinctive character through use.

25 October 2012

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