Producer of distilled beverages fails to obtain cancellation of expired mark for bitters

The Fourth Board of Appeal of the EUIPO has dismissed an appeal by Vilniaus degtine, a producer of distilled beverages, against the refusal to cancel a figurative mark owned by competitor Stumbras. Although Vilniaus degtine was found to have a legitimate interest in continuing the proceedings despite the fact that the mark had expired, the board held that the mark was distinctive as a whole, and that there was no evidence that Stumbras had acted in bad faith when filing the application.