We successfully represented Topo grupė in a dispute concerning trademark registration. The company went to court to defend its Tech Top trademark and sought to declare invalid Avitelos prekyba’s trademark with the same dominant element. The Lithuanian Court of Appeal upheld Topo grupė’s claim.
Trademarks with the same dominant element – Tech Top
Two years ago Topo grupė and Avitelos prekyba registered two similar trademarks at the Lithuanian State Patent Bureau. Avitelos prekyba filed a trademark registration application earlier, although Topo grupė had already been using the trademark prior to Avitelos prekyba’s application.
The court rules that Avitelos prekyba’s trademark was registered with unfair intent
The court took into account that Topo grupė was the first to start using the Tech Top element and actively invested in introducing the trademark to the market. Even though Avitela prekyba knew about Topo Grupė activity, after half a year it filed an application to register a similar trademark and later protested against its competitor’s actions to register their trademark. The court took into account this circumstance proving the unfair intent of Avitelos prekyba and ruled that Avitelos prekyba’s trademark registration was invalid.
Our team representing the client