1) What IP objects are protected in Lithuania?

2) What IP objects are subject to registration to be protected in Lithuania?

3) How are inventions patented in Lithuania?

4) Is it possible to file with the Lithuanian PTO an application for a European patent?

5) When are annual fees for patents due for payment?

6) Are trademark rights obtained through use or registration?

7) Does the applicant have to submit documents in proof of use or of the intention to use the trademark?

8) Does the Lithuanian PTO examine applications against senior rights?

9) What is the length of the period between filing a trademark application and obtaining the Registration certificate?

10) What is the length of the period between filing an application for an industrial design and obtaining the Registration certificate?

11) The regime of protection of well-known marks in Lithuania?

12) What bodies are competent to consider conflicts relating to IP?

13) Is Lithuania a member to the Madrid Protocol?

14) Are multi-class trademark applications allowed in Lithuania?

15) How are authorship rights protected?

16) Is it possible to file a trademark application with partial priority?

17) From which date are CTMs automatically extended to LT protected in this country?



1) What IP objects are protected in Lithuania?

The following are protected in Lithuania:





2) What IP objects are subject to registration to be protected in Lithuania?

Trademarks, designs and inventions are subject to registration.





3) How are inventions patented in Lithuania?

Through one of the three systems below:





4) Is it possible to file with the Lithuanian PTO
an application for a European patent?

Yes.





5) When are annual fees for patents due for payment?

The time due for payment is calculated from:

After validation/extension PCT and EP annuitiesare due for payment to the Lithuanian patent office (SPB) within the last two months of the current year of the patent validity.






6) Are trademark rights obtained through use or registration?

Trademark rights in this country are obtained through registration.
(See Trademarks)






7) Does the applicant have to submit documents in proof of use or
of the intention to use the trademark?

There is no ex-officio requirement to submit evidence of use or intention to use either for filing purposes or at any time of the trademark validity. The grace period is 5 years from the date of grant of certificate. A mark can be cancelled on the grounds of non use only in a court proceeding initiated by a third party.






8) Does the Lithuanian PTO conduct examination against senior rights?

Patents, trademarks and designs are examined only against formal and absolute requirements. Ex-officio searches and examination against earlier rights are not conducted. (See Patents, Industrial Designs, Trademarks).
Holders of earlier rights are allowed a 3-month period after publication for opposing trademarks and designs. A person seeking invalidation of a patent has to bring a cancellation action before the court.






9) What is the length of the period between filing a local trademark application and obtaining the Registration certificate?

At present this period is 12-18 months, provided the application does not encounter any obstacles (the examiner's objections, oppositions), however this period may become shorter. (See Trademarks/National Trademark registration)





10) What is the length of the period between filing a local application for an industrial design and obtaining the Registration certificate?

At present this period is 6-8 months, provided the application does not encounter any obstacles (the examiner's objections, oppositions), however in future this period may become shorter. (See Designs)






11) The regime of protection of well-known marks in Lithuania?

Well-known marks are protected in accordance with provisions of Article 6 bis of the Paris Convention on Protection of Industrial Property. In particular, well-known marks are protected even without registration. Well-known marks are protected against marks for similar and dissimilar goods. A mark can be found to be well-known exclusively in a court proceeding. However reputation of an earlier mark will also be taken regard of in consideration of oppositions on relative grounds considered by the Lithuanian PTO (SPB).






12) What bodies are competent to consider conflicts relating to IP?

Disputes arising before grant of certificate for patents (disputes with the examiner), trademarks and designs (appeals against the examiner's decision and oppositions) are considered by the Appeal Board of the State Patent Bureau. Disputes arising after grant of certificate for patent, design or trademark are considered by the court. Disputes connected with copyright, cancellation of the name of a legal entity (trade name of a company incorporated under the Lithuanian law) fall exclusively within the competence of the court. (See Litigation).






13) Is Lithuania a member to the Madrid Protocol?

Yes, since 1997. The procedure of territorial extension to Lithuania is described on our page Trademarks/The Madrid Protocol).






14) Are multi-class trademark applications allowed in Lithuania?

Yes, the official filing fee is paid for each class. The number of classes of goods and services in one application is unlimited.






15) How are authorship rights protected?

Authorship rights are protected under the national laws and international agreements, Lithuania is a party to (see Legislation). Authorship and related rights are not subject to registration in Lithuania (see Copyright and related rights).






16) Is it possible to file a trademark application with partial priority?

If an application is filed with convention priority (Paris Convention), such an application may have two priority dates against two lists of goods and services, consequently a national application with convention priority may relate to a broader range of goods than the original application filed in a foreign country.






17) From which date are CTMs automatically extended to LT protected in this country?

CTM filed before Lithuania's joining the CTM system were automatically extended to Lithuania on that date. Such a CTM can be in the grounds for opposing a national/international mark in Lithuania, provided the latter has a filing/priority date after May 1, 2004.




 
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