On April 28, 2009 The Appeals division of Lithuanian State Patent Bureau dismissed opposition No. 2137 of the interested person UAB „Vilniaus degtinė“ regarding cancelation of the trademark „VDK“ registration owned by AUK HOLDING LIMITED.

The Appeals division stated that trademark (Reg. No. 49620) of the interested person is compounded of letters VD which is filled with standard characters. Other trademark (Reg. No. 49621) is combinative and also compounded of two stylized letters VD in red, white and golden colours and in the letter D there is integrated circle and inside it – graphic element. The opposed trademark is compounded of three stylized letters VDK, the font is compounded of special lines. And this trademark differs from the trademark of the interested person in one letter and sound K. It should be noted that opposed trademarks totally differs in letter font. Since both trademarks are short and compounded of two or three letters, and as OHIM notes, the difference of the only one letter in the short trademarks can eliminate the possibility of confusion. Therefore due to mentioned circumstances the opposed trademark was recognized as not confusingly similar to the trademark of the interested person.