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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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INTELS-LITHUANIA |