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Trade names
Previously trade names enjoyed exclusive rights in Lithuania provided they
had been registered with the Lithuanian State Patent Bureau.
Under the law currently in force trade names are not subject to registration
by the State Patent Bureau and there no longer exists "Trade Name Register"
as such.
The rule of earlier rights is applicable to disputes between holders of trade
names and trademarks. However the procedures for settlement of such disputes
are not quite the same.
Owners of earlier trade names ("names of legal entities") may seek
invalidation of trademark registration either by filing an opposition with
the SPB Appeal Board (within 3 months after publication of a mark) or initiating
an invalidation court action (after expiration of the opposition period).
Holders of trade marks can demand cancellation of the name of "a legal
entity" (the name of a company incorporated under the Lithuanian law)
only in court proceedings. Prohibition of use of a trade mark or trade name
is also subject to court consideration.
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INTELS-LITHUANIA |