Richardi Rahvusvahelise Kaubanduse OÜ (RRK) failed to obtain registration of the trade mark LUJA PLAAT for “building materials, except building boards made of fibre cement” in Class 19 on the ground that the mark applied for was confusingly similar to the earlier trade mark LUJA for “building boards made of fibre cement” in the same class, belonging to Finnish company Oy Minerit. Subsequently RRK sought cancellation of the LUJA mark on the ground that that mark had not been used in Estonia for five years. RRK's submission was based on information available on the website of Oy Minerit's Estonian franchisee.

Oy Minerit maintained that it had used the trade mark LUJA in Estonia during the relevant period, submitting evidence that included (i) statements by resellers who had sold building boards bearing the mark in Estonia, (ii) advertising material showing LUJA-branded building boards, which were available in building materials stores and trade fairs and (iii) invoices demonstrating that 372,368 square metres of LUJA boards were sold in Estonia during the preceding five years in Estonia. The Harju County Court concluded that this evidence was adequate and refused to remove the trade mark from the register.

[source: Kärt Laigu, Käosaar & Co, Tallinn, writing in World Trademark Report].