On July 28, 2009, The Appeals division of Lithuanian State Patent Bureau satisfied opposition No. 1890 of the interested person ELF AQUITAINE, regarding the refusal of protection of International trademark „R. EVOLUTION MOTORBIKE“ owned by BOTTARI S.P.A. registration No. 898323 in class 4.

The Appeals division stated, that the word trademark EVOLUTION of the interested person and the opposed combinated trademark R. EVOLUTION MOTORBIKE have the same basic word element EVOTUTION. Therefore the compered trademarks make similar general visual impression, as basic trademarks’ element is word EVOLUTION, this element is typed in a similar latin alfhabet characters. Trademarks are similar and by the phonetic criteria, because pronounsations of compared tardemarks are similar due to the coinsiding element EVOLUTION, which is at the begginig of the opposed trademark, where consumers attention is usually payed. As a consequence it was stated that the opposed trademark is confusingly similar to the trademark of the interested person.