On June 4, 2009, The Appeals division of Lithuanian State Patent Bureau dismissed opposition No. 2241 of the interested person ABBOT Laboratories regarding cancelation of the trademark „CLATRA“ registration No. 56880 owned by BERLIN – CHEMIE AG.

Trademarks of the interested person are verbal and compounded of the word KALETRA, which is filled with standard capital Latin letters. The opposed trademark is also verbal and compounded of the word CLATRA, which is filled with standard capital letters. The Appeals division stated that common visual impression of the comparable trademarks is different despite the fact that both words are compounded of the similar number of the letters, but it is more important that the words are compounded of different number of the syllables. The most significant difference in the comparable marks is at the beginning of the words: KALE- and CLA-, only the ending –TRA is coincident, however this fact can not determine the similarity of the trademarks. Phonetically trademarks are not similar as well. Semantically words are not comparable, because trademarks are artificial and have no meaning. In conclusion it was stated that the opposed trademark “CLATRA” is not confusingly similar to the trademark of the interested person.