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Another opposition won

On August 23, 2011 the Appeal Division of the State Patent Bureau issued decision in Opposition No. 2648. Our Client, JUWÖ Engineering GmbH, is owner of the Community trademark "ThermoBlock" (w.)(reg. No. 004836524). The trademarks was the ground in opposition against Lithuanian trademark “TERMOBLOCK”, (fig) (reg. No. 62628).

The Applicant argued that the opposed trademark is mostly graphical – the word part takes only about 10 % of the whole mark and this part indicates name of the trademark holder (name of the company). In the Applicant’s opinion the main part of the opposed trademark were two blocks, the triangles above and below – that makes the graphical element similar to a stylized house. Amongst other arguments the Applicant stated that words in the compared trademarks differ in letters “T” and “TH”, which are different phonetically. Also, word “TERMOBLOCK” is a made up word, because it doesn’t have any meaning in any language.  

The Appeal Division upheld our position and stated that the dominant element of the opposed trademark is word – “TERMOBLOCK”, because it is placed in the most important place in the composition of the trademark.  The Appeal Division agreed that the word elements of the compared trademarks are very similar - they both consist of similar number of letters, they are placed in the same order. Also, sounds “th” and “t” are very similar phonetically.

Since the goods of the compared trademarks were recognized by the Appeal Division of the Lithuanian State Patent Bureau as similar – the Division agreed that registration of trademark “TERMOBLOCK” may confuse consumers. Thus the registration of the trademark was cancelled.

The Applicant may appeal the decision until February 23, 2012.

Source: Legal Argument, Lithuanian State Patent Bureau (www.vpb.lt), OHIM (http://oami.europa.eu).   

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