English
The average time frame for the registration approval is 16 months, if no objections or oppositions arise.
No. The mark is protected only in Lithuania.
Yes. A power of attorney is necessary to complete the application procedure.
The only benefit from pre-filing use of a mark is that it helps the applicant prove that he has been using the mark earlier than his competitors.
Yes. A registered mark that is not being used is vulnerable to cancellation of registration.
Marks that are possible to recreate graphically and marks that will add distinction to a good or service are open for registration.
- Slogans
- Names
- Devices
- Words
- Colors
- Trade dress
- Shapes with 3 dimensions
- Holograms
- Sounds
- Anything that can be represented visually or graphically
The order of application process in Lithuania is as follows:
-
Examination – The examiners will take a look at the application and will judge it according to its:
- Formalities
- Clarity
- Classification
- Descriptiveness
- Deceptiveness
- Distinctiveness
- Registration – If the application was approved in the examination phase, the trademark office will then issue the registration grant.
-
Publication – This phase makes the application particulars accessible to the public. This is also the time when filing of opposition case is open to third parties.
- Mark
- Applicant’s name, address, country of incorporation and citizenship
- Application number and date when it was filed
- Representation
- Priority Claim
The trademark law in Lithuania prohibits that following marks:
- Marks that are at odd with moral principles or marks that oppose public order
- Generic words or common terms
- Marks that use flags or names or symbols of an international organization or a nation/state/region
- Marks that are lacking in distinctive qualities
- Marks that use a famous person’s name and/or surname
Yes. Nice Classification is effective in Lithuania. A single application will allow the owner to use the trademark for multiple classes of goods/services.
Yes. Lithuania is a EU (European Union) member and the Community Trademark registration takes effect in this territory.
Yes. The home filing date can be used by the applicant as the filing date in Lithuania if:
- Home country is a Paris Convention member
- Filing date in home country does not exceed 6 months from the filing date in Lithuania
- Home country is a WTO (World Trade Organization) member
- International registration can be based in Lithuania
For national registration, the mark must be used within 5 years from the date the certificate of registration was issued. For international registration, the mark must be used within 5 years from the date the protection was granted.
The registered mark is valid for 10 years starting from the date of application.
The trademark will be renewed 10 years from the date of filing the application.
Yes. It is legal to use a trademark for business even if it is not yet registered.
Registration of trademark is mandatory to secure rights.
You can visit the Lithuania trademark office online in this website URL: http://www.vpb.gov.lt/
No. Actual use of the mark is not necessary before filing the application.
Opposition is conducted on the following grounds:
- Proprietary rights
- Mark is descriptive, misleading, disparaging, deceptive, functional or generic
- Rights of a notorious mark
- Rights in (famous) personal name
- Rights in a registered design
- Rights in a trade name
- Rights in a company name
- Geographical indication
- Issues with morality or public policy
- Protected state emblems, armorial bearings, or flags
- Registration under a representative’s name
The following parties may oppose the registration:
- Interested parties
- Licensees
- Owner of an earlier registered right
Yes. Registration may be cancelled on these grounds:
- Use requirements based on Section VIII.A. are not satisfied
- Bad faith
- Issues with morality / public order
- Geographical indication
- Generic mark
- Personal name rights
- Registered design rights
- Trade name rights
- Mark was registered under name of representative
- Protected armorial bearing, emblem and flag
- Conflict with a well-known mark
- Breach of copyright
- Mark is functional, descriptive, not distinctive, misleading, deceptive, or disparaging
The following rights are secured after the mark is registered:
- Exclusive right to use the mark
- Right to file an opposition case against conflicting applications
- Right to file a cancellation action against conflicting registrations
- Right to sue third parties for infringing the mark
- Right to obtain payment from third parties for infringement
- Right to request for seizure of fake imported goods
The opposition period starts on the publication date and ends three months after that date.
Yes. Lithuania is a party to the Madrid Protocol.
No. Any filing that would set forth the use of mark such as periodic statement of use is not needed.
Renewals are made every 10 years.
The trademark will be renewed 10 years from the date of filing the application.
Yes. This jurisdiction requires the following documents for trademark renewal:
- Proof of payment
- Request for renewal
- Power of attorney
A grace period of 6 months is available for owners that are late in renewing their trademark.