TRADEMARK REGISTRATION IN LITHUANIAadmin
Trademark registration in Lithuania
The main filing requirements for trademark applications are as follows:
(i) A trademark application (one trademark application per each trademark) in a special form may be filed with the State Patent Bureau (the SPB) directly, via the post or through e-filing system. Multi-class application is possible. Use of the trademark before filing is not required.
(ii) A trademark application may be filed by the applicant himself or by his representative. The applicants from non-European Economic Area (EEA) countries (e.g. the US, Mexico, Russia) having no permanent residence or having no representatives or branches registered in the EEA, may file trademark applications only through professional representatives – patent attorneys. When a trademark application is filed through representatives, a Power of Attorney in a simple written form must be provided.
(iii) A trademark application must be provided in Lithuanian. If the documents are provided in a foreign language, their translation should be submitted in Lithuanian within 3 months from the date of filing.
(iv) If the applicant claims priority based on the earlier application, date on the priority should be included in the application, the supporting documents should be submitted within 3 months from the date of filing.
(v) The filing fee should be paid not later than one month after the date of filing.
Upon receipt of the application and the filing fee the SPB examines whether the application meets the formalities (ie, if it contains all required information). If the deficiency in the application is found, the SPB will provide three months to remedy the deficiency. If the deficiency is not remedied, the application is treated as not filed.
If the application meets the requirements set for trademark applications, the SPB examines whether the trademark complies with the absolute requirements applied for the trademarks. The SPB does not make a search and does not check whether there are earlier rights which might be infringed by registration of the trademark. Expert decisions as regards registration of the trademark might be reviewed and appealed by the applicant to the SPB Appeal Division.
If the SPB decides to register a trademark, the SPB notifies the applicant about the decision of the SPB to register the trademark. 3 months period is set for the applicant to pay the fee for registration, publication and issue of the registration certificate. After the fee is paid, the trademark is registered and its registration is published in the Official Gazette of the SPB.If the trademark registration is not opposed within the time limit or the opposition, if filed, is rejected, the SPB issues the trademark registration certificate to the applicant. The usual time from filing to issue of the certificate in a smooth case is approximately 10 to 12 months.
Opposition against a trademark registration may be filed by any interested person based on absolute and/or relative grounds with the SPB Appeal Division within 3 months from the date of publication about the registration of the trademark in the SPB Official Gazette. A fee must be paid for filing an opposition. Opposition may be rejected or satisfied recognizing the trademark invalid (fully or partially). The costs incurred in the opposition proceedings may not be recovered.
The decision of the Appeal Division may be appealed tothe Vilnius County Court within six months from the date of the decision. The decision of the Vilnius County Court may be appealed to the Lithuania Appeal Court, and the decision of the Lithuania Appeal Court to the Lithuania Supreme Court.
Validity and Renewal of Registration
The trademark registration is valid for 10 years from the date of the application. The registration can be renewed for 10 years from the expiry of the previous 10-year period. The renewal is accepted when the renewal fee paid and request in a special form is filed with the SPB.
Trademark Registration Fees
Filing fee for one class is 69 EUR, fee for each subsequent class is 34 EUR, fee for registration and publication of a trade mark is 69 EUR, therefore, in total the fee for registration of one trademark in one class in a smooth case would be 138 EUR. The renewal fee for one class is 69 EUR, fee for each subsequent class is 34 EUR.
Please feel free to contact by firstname.lastname@example.org, if you require any further information.