Industrial Property Board of Appeal on December 3rd, 2021 has examined the oppositions against the trademark registrations No. M 76 096 `CaviarHouse.lv`and No. M 76 097 `CaviarHouse.lv` (fig.) in the name of CAVIARHOUSE.LV, SIA, the client of Agency TRIA ROBIT, which was represented in the proceedings by Trademark Attorney Bronislavs Baltrumovics.
The opposition was based on similarity with the earlier international trademark No. WO 911 200 `CAVIAR HOUSE & PRUNIER` designated on European Union and similarity of the relevant goods and services (a ground of likelihood of confusion as per Article 7(1)(2) of the Trademarks Law).
Since the earlier mark was under an obligation of use and corresponding request was filed, the Board of Appeal while evaluating the evidence of use filed by the owner of the earlier trademark agreed to the applicant’s view that the trademark at issue was not used for most of the goods and services, for which it was registered. Therefore, the Board of Appeal limited the examination of a claimed likelihood of confusion only in so far as the opponent’s proved a genuine use, i.e., on caviar and fish products in Class 29 and wholesale of the aforesaid goods in Class 35). The Board of Appeal decided that while the trademarks are similar, the relevant goods and services (for which a genuine use was proved) are not similar, consequently, rejecting both oppositions in full. In the result, Agency TRIA ROBIT has successfully assisted to the client to defend his trademarks. The decision of the Board of Appeal was not appealed and came into legal force.