On 2 March, 2010, the Supreme Court of Lithuania in the civil case No. 3K-3-105/2010 partly revoked the decision and the ruling of the lower courts under plaintiff‘s UAB “Liuks“ and UAB “Corpus Medica claim to the respondent Public limited liability company “FARMAK“ regarding the invalidation of the registrations No. 44405, 47921, 37101 of the trade marks VALIDOL and in this part returned the case to the first instance court for re-examination. The courts, which examined the case, stated justly that the sign “Validol (Validolis)“ regarding its factual use had became customary in the current language, honest and established trade and pharmacy practice for all medical products – heart calmative tablets etc., therefore it has lost its own as trademark‘s characters. The sign “Validol (Validolis)“ could be recognized as conforming the requirements for the trade mark only if it was determined, that because of factual its use in the commercial activity of the respondent for a certain period of time it obtained the fundamental character of differentiation of goods and the interested consumer attributes goods which are marked with it exactly to the respondent, but the respondent has not asserted such circumstances. On the other hand, the Court stated, that courts restricted just to the evaluation of the data and evidences only because of 5th class medical products and did not examine the part of the claim regarding the trade mark‘s conformation to the non-medical goods of the class 30, for which the trademark was registered, did not provide the legal evaluation regarding such goods, therefore did not have reason to revoke the registration of the respondent‘s trade mark “VALIDOL“ in it’s entirety. |