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.
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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).
Posted by: Blog Administrator @ 15.33
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].
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