On January 20, 2008, The Section of Appeals of Lithuanian State Patent Bureau has satisfied an opposition No. 1984 of the interested person Diesel S.P.A. against the validation of the National trademark „Diesel - Real“ registration No. 53868 owned by UAB "PETROVALINVEST".
The interested person referred to word mark „DIESELSTYLELAB“ which is written in standard capital letters and also referred to other two word marks with the only element - “DIESEL” which is written in standard capital letters as well. The Section of Appeals stated that the main elements which make influence on common perception of both marks are “DIESELSTYLELAB” or “DIESEL”. Opposed trademark is compounded of words “Diesel – Real”, which is written in bold type and also has graphic element which reminds barcode. Since the main element “DIESEL” is repeated in both marks and common perception of the compared trademarks is similar. Taking everything into account, the Section of Appeals concluded, that mentioned trademarks are visually, phonetic and semantically similar. |