On April 9, 2009, the Section of Appeals of Lithuanian State Patent Bureau partly answered oppositions No. 2122, 2123 and 2182 of the interested person CJ Wildbird Foods Limited against the validation of the trademarks “vivartia” registration in regard with some goods in class 31 owned by DELTA HOLDINGS SA (later - VIVARTIA INDUSTRIAL AND COMMERCIAL COMPANY).

Trademark of the interested person “VIVARA” is compounded of the only verbal element VIVARA, which is filled with capital Latin letters. The opposed trademark “VIVARTIA” (Reg. No.56287) also consist of the only verbal element VIVARTIA and is filled with capital Latin letters. The opposed trademarks Nos. 55396, 55395 are verbal and figurative, and word “vivartia” in these marks are filled with letters similar to small Latin letters; letter “v” is stylized. The Section of Appeals has stated that the main elements in comparable trademarks are VIVARA and VIVARTIA and these elements make common visual impression. Other elements in the opposed figurative trademarks are decorative. Comparable trademarks are similar due to the common visual impression because they are compounded of long words VIVARA and VIVARTIA, which have the same amount of letters and syllables.