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EURO PART v. EURO PARTS holding
November 25, 2016
On 4 December 2015 the Board of Appeals of the Patent Office of the Republic of Latvia has heard the opposition, which was filed by the Mr. Bronislavs Baltrumovics, Trademark Attorney & Senior Lawyer of Agency TRIA ROBIT on behalf of German undertaking Europart Holding GmbH, against the trademark “EURO PARTS holding” registered by the undertaking EURO AUTO TRUCK BALTIA, SIA.
The opposition was based on earlier international figurative trademark registrations EURO PART and europart - more than parts, as well as the European Union trademark - EURO PART Quality you can trust.
After the examination of the case materials, the Board of Appeals found that dominating elements of the marks under comparison are identical. In this regard, comparable signs recognized as visually, phonetically and semantically similar. After comparison of the list of goods and services of comparable marks, the Board of Appeals concluded, that they are identical and similar, so this can lead to the creation of the consumer’s impression that the services comes from related companies, which makes it possible to use in bad faith the European Union trademark's reputation the owned by the applicant of the opposition.
In accordance with above-mentioned, the Board of Appeals decided to satisfy filed opposition in full and to invalidated the registration of the trademark “EURO PARTS holding”.