On May 26, 2009, The Appeals division of Lithuanian State Patent Bureau satisfied opposition No. 2018 of the interested person „MAXIMA LT“ regarding cancelation of the trademark „ ДЮШЕС“, fig. (DYUSHES, fig.) registration (Reg. No. 54473) owned by ZAO „GRUPPA PREDPRIYATIJ OST“.

Trademark of the interested person “DIUŠĖS” (Reg. No. 34324) is verbal, compounded of the standard capital letters. The opposed trademark is a label, which has stylised word “ДЮШЕС“ (DYUSHES), written at the top of the label and there is a picture of the pears at the bottom of it. The Appeals division stated that the main word “ДЮШЕС“ (DYUSHES) constitutes common similar visual impression and has phonetic and semantic similarity to the trademark of the interested person. Therefore the Appeals division made a decision that the opposed trademark “ДЮШЕС” (DYUSHES) is confusingly similar to the trademark of the interested person.