By the ruling of 27 December, 2006 the Lithuanian court of Appeals in the civil case No. 2A-456/2006 has sustained the decision of Vilnius district court following to which the claim filed by Spirits Product International Intellectual Property B.V. against defendant State Patent Bureau of the Republic of Lithuania regarding refusal to register wordy trademark MOSKOVSKAYA Nr. 735579 for goods and services in classes 32, 33 and 35 has been rejected. The court has decided that the sign MOSKOVSKAYA by the consumers will be perceived as the significant place-name and therefore could be associated with place of origin of the mentioned goods. There were filed no evidences that the average Lithuanian consumer does not make any link between the sign MOSKOVSKAYA and the name of the capital of Russia and accordingly does not derive the goods and services bearing such sign from Russia. The court has also indicated that there are no grounds to state that the sign has acquired the distinctive character for all goods for the marking of which it was applied. |