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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