On February 23, 2010, the Appeals division of the Lithuanian State Patent Bureau has dismissed opposition No. 2291 of the interested person Zehnder Verkaufs- und Verwaltungs AG regarding cancellation of the trademark “Comfort Heat”, fig. registration No. 57556 owned by UAB “Comfort Heat”.

The Appeals division stated that general impression of the compared trademarks is not similar because the opposed trademark is compound of various elements (verbal, graphic and chromatic) while trademark of the interested person has only one verbal element “comfo”. The mere fact that trademark of the interested person is repeated in the opposed verbal element “Comfort” is not sufficient enough to make a statement that trademarks are confusingly similar. According to this, the compared trademarks are not similar semantically, phonetically and visually. Therefore it was stated that the opposed trademark “Comfort Heat”, fig. is not confusingly similar to the earlier trademark “Comfo” of the interested person.