Vīna Studija vs. Teātra Vīna Studija
On September 9, 2016 the Board of Appeal of Industrial Property examined the opposition filed in the name of the Latvian company UPB, A/S against the Latvian trademark registration No. M 68 330 “Teātra Vīna Studija” registered in the name of the Latvian company Akācija E.V., SIA. Our trademark attorneys, lawyers Mrs. Anna Bula and Mr. Gatis Merzvinskis represented the opponent – UPB, A/S in this opposition matter. The opposition was based on confusing similarity of “Teātra Vīna Studija” trademark to the opponent’s earlier trademark registration “vīna studija” (reg. No. M 60 993), as well as well-known status of the opponent’s trademark “Vīna Studija” in Latvia with respect to alcoholic beverages, retail services of alcoholic beverages, restaurant and bar services, as well as providing of training, education and cultural activities which all are related to promotion of the culture of wine. It was also argued that the opponent and its related company has acquired earlier commercial rights to the designation “Vīna Studija” which derive from the company name of the Latvian company Vīna Studija, SIA (an affiliate of UPB, A/S) and which is fully incorporated in the contested trademark “Teātra Vīna Studija”. Moreover, the opposition was also grounded on bad faith of the applicant applying for registration a trademark which constitutes an imitation and reproduction of the well-known mark “Vīna Studija”. The opponent considered that it is impossible that Akācija E.V., SIA was not aware of the trademark “Vīna Studija” owned by UPB, A/S and used in Latvia long time before the application date of the trademark “Teātra Vīna Studija”. This led to consider that Akācija E.V., SIA has acted in bad faith being fully aware that rights to the designation “Vīna Studija” belong to another person.
Having reviewed the case on the merits and taking into account the arguments and evidence provided in this matter, the Board of Appeal decided to satisfy the opposition. Accordingly the contested trademark registration No. M 68 330 “Teātra Vīna Studija” was totally invalidated.