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“The only sector that can use dairy terms is the dairy sector. (…) Regarding the use of the trade mark ‘Butter Butter’ itself, we have proposed an application for a transitional period (…). At the same time, we and the Ministry of Agriculture (MoA) would work with the European Commission (EC) to possibly add to the list of exceptions (ELTA). At the same time, it is necessary to have a plan B if the EC responds to us unfavorably “, said the representative from SFNA, Ona Keblienė, during the meeting.
“However, this is not a matter of national legislation. The ECJ has been very strict and, in principle, these are not SFVS requirements or requirements designed by Lithuania. These are European requirements, as clarified by the ECJ ruling,” added.
Meanwhile, Dovilė Stonė, the head of the small company “Butter with butter”, stated that in this case the law applies regardless of the more complex context of this specific product and brand.
“I want to emphasize that it is not necessary to confuse the name of a product with a brand. The ECJ ruling deals with product names, while butter is a trademark, but it is also a wording, where the wording in a trademark must be seen primarily as a combination of words and not as individual words. It feels great to apply the law regardless of the more complex context of this particular product and brand, ”he said.
D. Stonė noted that during the inspection of the company, SFVS experts did not inform them about possible violations.
“During the transition period, SFVS inspectors inspected the company, (…) they also inspected the labeling of the packages that already carry our trademark” Butter Butter. “He did not ask them any questions, either verbally or in the minutes. indicated that a discrepancy had been registered (…) And the company continued to grow its brand calmly, built its reputation until it received this inspection, and I do not know the reason for this change and interpretation, “he said.
Meanwhile, O. Keblienė replied that the SFVS does not have the possibility to inform all entities about the changes announced by the ECJ.
“When the ECJ decision was made, we actually published information both online and in the press, and we provided information to the associations about the modified legal framework. Because we have more than 30-50 thousand entities. We do not have the opportunity to inform each entity in case of a change in any legal regulation or a decision of the ECJ ”, he said.
According to the SFVS representative, the authority is working hard to expand the list of exceptions for names that apply to food and do not meet the new ECJ requirements.
“We hope that the European decision will be complemented by the above exceptions. (…) The EC has already presented a proposal to add Lithuanian names to the list of exceptions. (…) We are really working very hard to add to the list. ”Assured O. Keblienuró.
Meanwhile, the chairman of the Rural Affairs Committee, Viktoras Pranckietis, criticized the SFVS, saying that the institution has a surplus of its bureaucratic powers.
“We need to talk about a national document that we don’t have, and apparently the SFVS could initiate one until the list of exceptions is completed as we need it. And it should be much larger. (…) I think we should fix this problem today with a lot of benevolence, without stopping the company. And not raising such things that we find our bureaucratic importance and think that we can use our powers to justify European documents, “he said.
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