TRINITI lawyers successful in representing “Naujasis Nevėžis” vs “Nestle” in trademark dispute
On January 19 the Vilnius Regional Court dismissed the claim of “Societe des Produits Nestle S.A.” for recognition of the registration of the trademark CHOCA of UAB “Naujasis Nevėžis” and prohibition of the use of marks CHOCA and “oho! CHOCA” for marking of the products in the category of grain, cereal and bakery foodstuffs.
Nestle based its claim on its earlier registered Community trademarks CHOCAPIC and CHOCAPIC DUO, claiming th trademark CHOCA of “Naujasis Nevėžis” should be considered a confusingly similar trademark due to its phonetic similarity and therefore its registration should be annulled.
The Court found that there is no basis to rule on confusing similarity of the trademarks. Since the trademarks at issue consist of artificial words without any meaning, they are not comparable semantically and different phonetically, and from the assessment of their visual elements, dominant colours, fonts and layout of words, graphic dissimilarity of the trademarks was established. This court ruling is of strategic importance to “Naujasis Nevėžis”, which is exporting its products to more than 30 countries