Because Lithuania is a “first to file” jurisdiction, trademark registration is required to get the rights to a trademark. Unregistered trademarks can only be protected in exceptional instances. To obtain trademark protection in Lithuania, one can register with the State Patent Bureau of the Republic of Lithuania (VPB) or file a European Union Trademarks (EUTM) application, which provides protection throughout the European Union.
The Madrid Protocol includes Lithuania as a signatory. As a result, this country can use the Madrid System to extend an international trademark registration.
Lithuanian filing requirements
Lithuanian is the official language of the procedures before the Lithuanian Patent Office. It is necessary to submit an application in Lithuanian. The accompanying documents can be filed in any language, but they must be translated into Lithuanian within two months after the filing date.
In order to secure a filing date in Lithuania, a trademark application must include the following information:
– request to register a trademark, signed by the applicant (or his/her representative);
– list of goods and/or services;
– receipt confirming payment of the official filing fee.
A certified copy of the priority application must be filed within three months of filing the trademark application in Lithuania to confirm the right of priority.
The Power of Attorney’s Requirements
Within two months of receiving TMO notification, a copy of a signed Power of Attorney must be submitted to the Lithuanian trademark office.
Term of Validity and Renewal
In Lithuania, trademarks are valid for ten years from the date of filing. The rights holder can extend a trademark registration for a 10-year period an infinite number of times. Within the last six months of the trademark’s validity, a request for renewal should be submitted. Late payment is permitted within six months of the validity term’s expiration by paying a 50 percent surcharge.
Examination, publication, and opposition to a trademark application in Lithuania
In Lithuania, trademark applications are examined for adherence to formal requirements as well as the presence of any absolute factors for refusal or invalidity. The office does not perform any prior searches. After a successful examination, an application is published and can be opposed within three months of publication.
Use requirement
In Lithuania, a trademark registration will lapse if it is not used within five years of registration or if it is not used for more than five years in a row.
Representation by a trademark attorney
It is advised that foreigners residing outside of Lithuania or the European Economic Area (EEA) conduct trademark prosecution through an agent: a registered Lithuanian trademark attorney or a foreign lawyer with an address for service inside the EEA.
You can find the list of Lithuania IP Firms here.