Trademarks

Trademark rights in Lithuania are obtained through registration.
One trademark may be filed for un unlimited number of classes by the Nice Classification. The basic official fee is for one class.

The law and procedure for collective marks are the same as those for trademarks, though there exist some differences in filing and use requirements.

Trademark rights may be obtained through:

The Lithuanian law establishes use requirements for a mark not to become vulnerable to a non-use cancellation action (generally, 5 years after grant of registration certificate), however for filing purposes it is not required to submit any documents in proof of use or of the intention to use the mark.

Another specific feature of the Lithuanian trademark registration system is that marks are examined only for intrinsic registrability, while earlier rights are disregarded. Holders of earlier rights have to keep a constant watch at the new registrations not to miss the opposition period, which cannot be extended. The period for opposing is 3 months from the date of publication: in the national Official Bulletin (national registrations) or in the WIPO Gazette (in case LT is indicated in the list of designations or subsequent designations, the starting date of the opposition period is the date of publication of registration or the date of publication of subsequent designation). Watching is available with our agency. Earlier rights may include earlier national marks, CTM, designs (national and Community), the name of a legal entity (trade name), copyright.

Invalidation of trademark registration on relative grounds may also be demanded after grant of registration certificate, however it would normally be a more complicated and costly proceeding as compared to opposition.

Our rule is to exclude possible conflicts among our clients. Even if the applicant does not order a pre-filing search we remember to check the new application against earlier marks belonging to the other clients of ours.


 
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