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Oppositions in Intelectual property BackBack
ART vs ART VILLA. 07.05.2009

On May 7, 2009 The Appeals division of Lithuanian State Patent Bureau satisfied opposition No. 2287 of the interested person UAB „MG Valda“ regarding cancelation of the trademark „ ART VILLA“ registration owned by Tatjana Tarasevičienė.

The Appeals division stated that trademark of the interested person is verbal and compounded of the word ART which is written in standard capital letters, there are no other elements in this trademark. The opposed trademark also is verbal and compounded of verbal combination ART VILLA filled with standard capital letters. In this trademark word ART is the main, because word “villa” is descriptive for the services in class 43. It was stated that comparable trademarks ART and ART VILLA constitutes common similar visual impression due to coincident word ART. Visual similarity is influenced of the same letter font. Identical word ART is accentuated and pronounced identically, therefore trademarks are similar by phonetic criterion. It should be noted that verbal elements ART and ART VILLA are similar by meaning, because in English the meaning of the word ART is craft, mastership, capability and the meaning of the word villa, which refers to the group of the international words, is – voluptuous country house, cottage. In conclusion it was stated that the opposed trademark is confusingly similar to the trademark of the interested person.

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