On February 22, 2010, The Appeals division of Lithuanian State Patent Bureau has satisfied opposition No. 2387 of the interested person DVL.TV S.A. regarding the refusal of protection of the Lithuanian trademark “LUX TV” (Reg. No. 58515) owned by UAB “LAISVAS IR NEPRIKLAUSOMAS KANALAS”.

The Section of Appeals stated that the main elements of compared trademarks are words “LUXE” and “LUX”. They are very similar due to general representation and the same alphabet written in similar founts in capital letters. The only difference is in one additional letter E in the trademark of the interested person. Letters “TV” coincide in both trademarks. Comparable trademarks were considered as having visual and phonetic similarity after the estimation of coinciding and non coinciding elements and the importance of them in the general composition of the trademarks. Semantic similarity was not denied as well. Therefore considering all the circumstances, there was stated that the opposed trademark is confusingly similar to the earlier trademark of the interested person