Latvian Board of Appeal of Industrial property has satisfied opposition submitted by Swedish company Ecolean AB against 3D trademark (Oga Joghurt package). Opposition is grounded on earlier European Union design (package) owned by Ecolean AB. According to Latvian Law on Trademarks and Indications of Geographical Origin, a trademark registration may be also declared invalid on the basis that another person has, prior to the trademark filing date (also taking into account its priority date), acquired in Latvia other rights which allow the prohibition of the use of the trade mark; registration may be contested also on the basis of the following rights: 1) personal rights (for example, name, surname); 2) copyright; 3) commercial rights; 4) other industrial property rights (which are not registered TM).
European Union design legal scope of protection covers any design which does not leave on the informed user a different overall impression. Board of Appeal resolved that design being used in 3D trademark (Oga Joghurt package) does not leave a different overall impression on the informed user. Moreover, 3D trademark (Oga Joghurt package) application was filed in bad faith since Ecolean AB used to sell packages to Oga Joghurt manufacturer.