On April 16, 2009 The Appeals division of Lithuanian State Patent Bureau satisfied opposition No. 2274 of the interested person UAB „Antikva“ regarding cancelation of the trademark „Penktadienio žemaitis“ registration owned by UAB „Judex“.

The Appeals division stated that trademark of the interested person is compounded of one verbal element “ŽEMAITIS” (translation „SAMOGITIAN“ – resident of Lower Lithuania), which is filled with original green letters and also has visual graphic composition of two blazons. The opposed trademark is compounded of two verbal elements “Penktadinienio žemaitis” (translation „Friday‘s samogitian“) and also filled with original green letters. Superscription in this trademark is written in two lines and the first letter of the first word is capital and the rest are small. It should be also noted that the word “Penktadienio” (Friday’s) is filled with smaller letters than the word “žemaitis” (samogitian). It was also stated that the main element in the comparable trademarks is “žemaitis” (samogitian) and the word “Penktadienio” (Friday’s) in the opposed trademark is recognized as descriptive. Therefore the Section of the Appeals decided that trademarks are considered as similar visually, phonetic and conceptually and that visual similarity is intensified by green colour of comparable trademarks. Therefore the Appeals division made a decision that the opposed trademark “Penktadienio žemaitis” („Friday‘s samogitian“) is confusingly similar to the trademark „ŽEMAITIS“ („SAMOGITIAN“) of the interested person.