On September 10, 2009, The Appeals division of Lithuanian State Patent Bureau has satisfied opposition No. 2324 of the interested person THE MENTHOLATUM COMPANY regarding the refusal of protection of the International trademark “OXYLIFE” (Reg. No. 974118) owned by LIETIME s.r.o.

The Section of Appeals stated that compared trademarks OXY and OXYLIFE are visually similar because the main element “OXY” coincides. Furthermore, the mark of the interested person is wholly incorporated into the beginning of the opposed trademark, which is the most notable for consumers. Therefore, the marks are phonetically similar as well. Moreover after the analysis of the provided evidences, it was decided that the challenged trademark application was filed in bad faith. Therefore considering all the stated circumstances, there was adopted decision to refuse the grant of protection of International registration “OXYLIFE” in Lithuania.