TRADEMARK IN LITHUANIA

Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Lithuania including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Requirements for trademark registration

According to the legislation of Lithuania, a trade mark will not be registered or, if registered, will be declared invalid in case any interested person objects the application or the registration of a mark that is identical to or similar with an earlier mark, and the goods and/or services for which the mark is registered are identical to or similar with the goods and/or services for which the earlier mark is applied for or is registered.

In order to determine whether there are any similar or identical registered trademarks or filed trademark applications that may be opposed to your mark at the examination stage, please use the online trademark search tool which is available on our website or contact us to order professional trademark search.

The online trademark search in Lithuania

Information and documents needed for filing

Name and address of the applicant;
Prints of the trademark;
List of goods and/or services in accordance with The Nice Classification;
Certified copies of priority documents, if priority is to be claimed (may be filed to the Lithuanian Trademark Office within three months from the filing date);
Signed Power of Attorney, legalization and notarization are not required (may be filed to the Lithuanian Trademark Office within three months from the filing date).

Trademark registration procedure

After completion of the filing procedure a trademark undergoes a formal examination and an examination on absolute grounds. Then it is published for an opposition period. Within a 3-months period after publication any interested person may file an opposition against registration of the trademark. In absence of opposition or if the opposition has been rejected the trademark is registered and the certificate is issued. In case the examination finds any grounds against registration, a provisional refusal in trademark registration is issued, which may be appealed within further 2 months.

The smooth trademark registration procedure takes approximately 6-8 months in Lithuania.

Foreign applicants must be represented by a registered Lithuanian trademark attorney

Possible oppositions and cancellation requests

Any interested party may file opposition against the registered trademark within 3 months from the publication date.

Interested parties may also file cancellation requests after trademark registration, namely:

cancellation based on relative grounds may be filed to Appeal Division of the TMO within 5 years after registration of the trademark;
cancellation based on absolute grounds may be filed to Appeal Division of the TMO within the entire period of validity of the trademark;
cancellation based on non-use may be filed to Appeal Division of the TMO. The grace period is 5 years from registration.

Trademark validity and renewal

A trademark is valid for 10 years from the date of filing and can be further renewed every 10 years. It is possible to apply for a renewal within 6 months before expiry of validity term. There is also a 6-month grace period term which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after expiration of a grace period) is not possible.

Required documents: signed Power of Attorney.

Frequently asked questions

Can I file a trademark application to Lithuania by myself?
According to the Lithuanian legislation, only legal bodies and private entities of Lithuania may file trademark applications by themselves, foreign applicants should obligatory be represented by trademark attorneys.
What are the grounds for refusal in trademark registration in Lithuania?
A trademark is usually refused in registration based on absolute grounds, as well as based on objection against trademark registration filed by interested person in view of its similarity or identity with earlier filed or registered trademarks in respect of the same or similar goods/services, etc.
How can I conduct a trademark search prior to filing an application?
You may order a service of a professional search or use our free online trademark search tool, where you can conduct a search by entering mark name and class number. Please consider the following information when checking the mark name:
— different variants of spelling of the word should be checked (HERMES — ERMES, HERMEZ, etc);
— parts of the mark should be checked together and separately (MAXINORM — MAX, NORM);
— spelling of the word should be checked both in Latin and Cyrillic (Poker - Покер);
— meaning of the word should be checked in other languages (Dream — Мечта in Russian);
— synonyms and semantically similar words should also be checked (Big father — Big dad).
Can a multi class trademark application be filed in Lithuania?
Yes, according to the legislation of Lithuania you may file trademark applications with indication of any desired number of classes of the Nice Classification. Still please note that the amount of official fees depends on the number of classes.
What is the cost of a trademark registration?
The cost of a trademark registration in Lithuania depends on the number of classes in which the registration is required. Please contact us for more detailed information.
Can a trademark registration procedure be accelerated in Lithuania?
Yes, a trademark registration procedure may be accelerated by ordering corresponding service in the Trademark Office. Thus, the Trademark Office will examine an application in a short time frame, namely within approximately 5 working days. In case the application corresponds to all requirements, it is published for a three months opposition period.
What is a non-use cancellation?
According to the legislation of Lithuania, a third party may file a request for cancellation of a mark that has not been used by the holder or a representative for any period of five consecutive years after registration.
How many times can a trademark be renewed in Lithuania?
Trademarks in Lithuania may be renewed every 10 years as many times as needed upon payment of corresponding fee.