Log in

CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 8 SEPTEMBER 2008
Eurolitas can't be compared with Eurodollars

The Lithuania Board of Appeal of the State Patent Bureau has reversed the examiner's decision to refuse registration of the trade mark EUROLITAS (Case 2Ap-1059, June 13 2008). The applicant, Eurovaistine UAB, sought to register that mark for services in Classes 35 and 44. The mark consisted of the compound word ‘eurolitas’ on a black background. According to the examiner the mark was devoid of distinctive character and had not acquired distinctiveness through use. The mark was said to be composed of two descriptive words: 'euro’ (representing the concept of Europe) and ‘litas’ (the local currency).

Eurovaistine's appeal succeeded. According to the Board of Appeal, even if the individual elements ‘euro’ and ‘litas’ lacked distinctive character, their combination could still be distinctive and the overall perception of the mark by the relevant public should have been taken into account. This application did not cover financial services and the mark was not descriptive of the services for which registration was sought. Accordingly there was no basis for making a comparison between ‘eurolitas’ and the generic term ‘eurodollars’. Since, in respect of the services for which registration was sought, the sign could perform the essential function of a trade mark as an indication of origin, the mark was not devoid of distinctive character.

[source: note by Evelina Serelyte (Law Firm AAA Baltic Service Company, Vilnius), writing for World Trademark Report].

Posted by: Blog Administrator @ 15.33
Tags: Lithuania, Registrability,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA651
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox