On June 18, 2009, the Appeals division of the Lithuanian State Patent Bureau dismissed opposition No. 2331 of the interested person A VE A TEXTIL SANAYI VE PAZARLAMA LIMITED SIRKETI regarding cancellation of the trademark „O X O X“, fig. registration No. 57760 owned by UAB „VILAUGĖ“.

Trademark of the interested person is verbal and compounded of the only element OXXO, which is filled with standard capital letters. The opposed trademark is combinative mark and compounded of various elements: of black rectangular and verbal element OXOX, which is placed inside the rectangular. Symbols O and X are set out in the same sequence, separated one from another with vertical blue lines, which lean on solid horizontal line. Symbol “o” is blue and symbol “x” is orange. The second symbol “o” is filled with graphic element – stylised cat head. The Appeals division stated that common visual impression of the comparable marks is different. The fact that symbols “O” and “X” are coincident in both trademarks is not a reason to state, that comparable marks are confusingly similar.