August 7, 2008 The Section of Appeals of Lithuanian State Patent Bureau rejected interested person’s VIVA MUSIC FERNSEHEN GmbH opposition No. 2032 against AB “KLAIPĖDOS” VIEŠBUTIS trademark “VIVALAVITA” (Reg. No. 54484).
While comparing trademark “VIVA” of interested person and the opposed trademark, The Section of Appeals stated that part of the words „VIVA” coincides in both trademarks. However, because of the extra wordy and graphical elements, these trademarks create different general impression. Therefore the similarity of the trademarks “VIVA” and “VIVALAVITA” can not be based only on recurrent wordy element in marks.
Trademark “VIVALAVITA” also was stated as being not confusingly similar to the other trademark of the interested person “VIVA TELEVISION”, since both trademarks create different general impression, because they have different wordy, graphical and colour elements, therefore they are dissimilar visually, phonetically and semantically.