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The Authority announced that the Kaunas company could not use the trademark “SVIESTAS sviestuotas” on its nut cream product because it is of plant origin, and the visible word “butter” can mislead consumers.
The Authority based its decision on provisions of European Union law.
“The merchant’s product is misleading to consumers because the pictorial material on the label shows the trademark” BUTTER with butter “when the product is of plant origin,” the letter says.
Faced with this situation, Minister A. Armonaitė sent a letter to the Office on Tuesday in which he stated that “the excessive regulatory burden restricts the activities of the country’s companies and reduces the competitiveness of goods and services.”
He said that the Office’s website lacked adequate information on trademark requirements.
In the letter, A. Armonaitė hinted that the EU regulation and the EU court interpretations on which the service is based may raise “reasonable questions” for companies, so it is important to correctly interpret and apply the provisions in practice.
‘It should be noted that this Regulation does not mention branding requirements between information on a food and requirements for descriptive or visual material. It is considered that economic operators may have reasonable doubts about the application of said regulation and the jurisprudence of the Court of Justice of the European Union in practice, both in the registration of trademarks and in the labeling of marketed products “, says the letter from A. Armonaitė, of which BNS received a copy.
“We believe that the interpretation and application of these provisions in practice is crucial not only for newly registered trademarks, but also for well-established and high-value trademarks that were registered or put into use before the regulation took effect or the ruling of the Court of Justice of the European Union “, said the minister.
The brand “Butter with butter” was created in 2014 by Milda Beržanskaitė and Dovilė Stonė.
Following the SFVS decision, “Butter Buttered” claimed that there was a real threat to the brand.
This issue has also received the attention of parliamentarians. The Seimas Rural Affairs Commission will discuss this issue on Wednesday.
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