Triniti Jurex has successfully represented Lietuvos Pastas in a trademark dispute with Deutsche Post before the European Union Intellectual Property Office.
According to Triniti Jurex, “the Opposition Division of the European Union Intellectual Property Office rejected the oppositions of ... Deutsche Post AG, in which [Deutsche Post] referred to the national trademark consisting of a single yellow color, and the European Union trade mark depicting a stylized image of a postal horn on a yellow background. EUIPO noted that the stylized postal horn has been used since the 18th–19th century, and means that the postal courier has arrived to deliver the mail. Many post offices and/or companies use the image of the postal horn as part of their logos to mark postal services. For these reasons, EUIPO found that the image of a postal horn as such has a very limited distinctive feature for the designation of postal services.”
According to Triniti Jurex, “EUIPO also noted, inter alia, that various companies in the European Union have been using [the] yellow color as such for more than two centuries to mark postal services. This is a common element in the postal market. EUIPO also added that based on the case-law of the Court of Justice color as such is not commonly used as an indication of the source of origin of services/goods in current commercial practice. Thus, the trademarks of Lietuvos Pastas, AB, which depict a stylized postal horn on a yellow background with the inscriptions LPEXPRESS and BALTIC POST, may coexist with the trademarks of Deutsche Post AG, which also depict a stylized horn on a yellow background and/or in yellow color.”
Triniti Jurex’s team included Managing Partner Vilija Viesunaite and Associate Karolina Zemaityte.