LITHUANIA LAW ON TRADEMARKS AND SERVICE MARKS No.I-173, 3 June 1993 Vilnius (as amended by 8 November 1994) Chapter 1 General Provisions Article 1. Objective
the Law This Law establishes the procedure for the registration
trademarks and service marks, their legal protection and their use in the Republic
Lithuania. For the purpose
this Law, the term "mark" shall be used and shall cover both trademarks and service marks. Legal and natural persons shall mark manufactured and presented goods or rendered services with trade (service) marks registered with the State Patent Bureau
the Republic
Lithuania. Chapter 2 Definition and Protection
Marks Article 2. Definition
Marks; Signs Capable
Constituting a Mark Any sign which distinguishes the goods
one person from those
another person or the services rendered by one person from the services rendered by another person and which can be represented graphically shall be considered to be a sign capable
constituting a mark. In particular, the following signs may constitute a mark: 1) words, personal names or slogans; 2) letters and numerals; 3) pictures, emblems; 4) three-dimensional forms, including the shape
products and
their packaging and containers; 5) color, combinations
colors and arrangement
colors; and 6) any combination
the above mentioned signs. Article 3. Absolute Grounds for Refusal A sign shall not be capable
constituting a mark on any
the following grounds: 1) it has no distinctive character; 2) it become the generic name for the goods; 3) it exclusively designates, in trade, the kind (type), quality, quantity, intended purpose, value, place
origin, time or means
production
the goods or
rendering
the services, or other characteristics
the goods or services; 4) it is capable
misleading the public; and 5) it is contrary to morality or public order, including ethics
society and humanitarian principles. Article 4. Further Grounds for Refusal A sign shall not be registered if it is identical or confusingly similar to: 1) marks which are already registered or applied for the same or similar goods or services with the State Patent Bureau
the Republic
Lithuania, and which enjoy prior rights; 2) marks which are well known in the Republic
Lithuania and which belong to other legal or natural persons; 3) firm names or style and signboards
such firms belonging to other natural persons or legal entities who acquired the right in these names or means before the application date or priority date
the mark; 4) appellations
origin and indications
source
the goods protected in the Republic
Lithuania, except where those names or indications are included as an unprotectable element in mark to be registered in the name
a person who has the right to use a specific appellation
origin or indication
source; 5) a protected industrial design, a work protected by copyright, the right to personal name or portrayal, unless the holder
the said rights has given his consent; and 6) the
ficial armorial bearings, flags,
ficial names and emblems
states, the guarantee and hallmarks, stamps, medals, decorations and symbols
religion as well as the abbreviated or full names
international organizations, unless the relevant institution has given its consent. Chapter 3 Registration
a Mark Article 5. Filing
an Application A natural or legal person wishing to register a mark shall file an application with the State Patent Bureau. The application may be filed in the name
several natural or legal persons or both. A representative may act on behalf
the applicant for the purposes
filing the application in the name
the applicant. Foreign legal and natural persons shall file applications with the State Patent Bureau through a patent attorney
the Republic
Lithuania. An application shall relate to one mark only. An applicant filing the application shall pay the fees. Each application shall be filed in Lithuanian. Article 6. Application for the Registration
a Mark The application for the registration
a mark shall contain: 1) a request stating the name and address
the applicant, as well as, where applicable, the name and address
the representative. Where the applicant is a natural person, the name to be indicated is the family or principal name. Where the applicant is a legal person, the name to be indicated is the full
ficial designation
the legal entity; 2) a representation
the mark applied for; 3) the list
the goods and services for which the registration is sought, grouped according to the classes
the International Classification
Goods and Services established by the Nice Agreement Concerning the International Classification
Goods and Services for the Purposes
the Registration
Marks; 4) a document evidencing that the fees have been paid; 5) where applicable, a document evidencing powers
the representative; 6) where applicable, an indication evidencing that the mark applied for is three-dimensional; 7) where applicable, an indication evidencing that a shade
color, a combination or an arrangement
colors is claimed as a distinctive feature
the mark; and 8) an indication evidencing that the mark applied for is a collective mark, together with a copy
the relevant regulations relating to the use
the collective mark. Article 7. Priority Rights The application may contain a request to grant the priority
one or more earlier applications for the same mark filed by the applicant in a country which is party to the Paris Convention for the Protection
Industrial Property if the said application was filed by the applicant or his successor in title with the State Patent Bureau within six months from the filing date
the first application or applications. The application may contain a request to grant the priority
the date on which the goods bearing the mark which is the subject
that application were first exhibited at an
ficial or
ficially recognized international exhibition if the application was filed with the State Patent Bureau within six months from the opening date
the exhibition. An applicant who intends to benefit from the provisions
paragraphs
the first application or applications or a certificate issued by administration
the exhibition at which goods bearing the mark had first been demonstrated. That document may be submitted at the time
filing
the application in the Republic
Lithuania or within three months from that date. If the State Patent Bureau finds that the requirements under paragraph
an Application A formal examination shall be performed within one month after receipt
an application for the registration
a mark at the State Patent Bureau. If the application meets the requirements
this Law, the State Patent Bureau shall accept the application and grant a filing date and number. The State Patent Bureau shall address to the applicant a notification
acceptance
the application. That notification shall indicate the filing date, number
the application, the classes
the goods or services covered by the application and the name and address
the applicant. If the State Patent Bureau considers that the application does not fulfill all the requirements
If the application is not corrected within three months from the date
notification, it shall be considered not to have been filed. Article 9. Substantive Examination
the Sign Applied The examiner
the State Patent Bureau shall examine whether a mark which is the subject
a an application meets the requirements
this Law. Where the examiner
the State Patent Bureau considers that a mark does not meet the requirements
this Law, it shall reject the application and notify the applicant accordingly. The applicant shall have the right, within three months from the date
notification, to argue against the decision
the examiner
the State Patent Bureau, failing which, the application shall be rejected. The examiner
the State Patent Bureau shall, on the basis
the arguments presented by the applicant, re-examine the application and notify the applicant
its decision. If the applicant does not agree with the decision
the examiner
the State Patent Bureau following re-examination
the application, he shall have the right, within three-months from the date
receipt
the notification referred to in paragraph
Appeals
the State Patent Bureau, a request to review the said decision. The applicant shall have the opportunity to take part in the hearing before the said Section
Appeals. The decision
the Section
Appeals shall be notified to the applicant. The applicant shall have the right, within a period
three months from the date
receipt
the notification
the decision
the Section
Appeals, to appeal against the said decision before the Court, as prescribed in this Law. The examiner
the State Patent Bureau shall notify to the applicant the final decision to register the mark. The applicant shall, within three months from the date
receipt
the above notification, pay the fee. If the applicant fails to pay the fees in due time, the registration
the mark shall not be effected. Article 10. Withdrawal
the Application The applicant shall have the right to withdraw his application at any stage
the examination procedure or to limit the list
goods or services
the application. Article 11. Registration
the Mark The State Patent Bureau shall register trademarks in the Register
Trademarks and Service Marks
the Republic
Lithuania. In respect
each registration, the Register
Trademarks and Service Marks
the Republic
Lithuania shall indicate the following: a representation
the mark; the list
goods and services in respect
which the mark has been registered with an indication
the corresponding class or classes
the International Classification
Goods and Services for the Purposes
the Registration
Marks; the number under which it has been registered; the name and address
the holder
the registration; the filing date and number
the application; the date
the registration and the date
the expiration
the registration; if conventional priority is claimed under paragraph
this Law, an indication
earlier priority with the identification
the
fice with which the application whose earlier priority is claimed was filed, as well as the name, number and the filing date
that application; if priority is claimed under paragraph
this Law, the name and the opening date
the exhibition
the goods bearing the mark; the name
the representative, if any; where applicable, an indication that the mark is a collective mark, a three-dimensional mark and that color is claimed as a distinctive feature
the mark as well as other data regarding registration, usage and protection
the mark. Upon request by any person having paid the prescribed fee, the State Patent Bureau shall issue copies
the Register
Marks in respect
a registration. Article 12. Publication
the Registration and Opposition Once the registration has been entered in the Register
Trademarks and Service Marks
the Republic
Lithuania, it shall be published in the
ficial Bulletin
the State Patent Bureau. Within three months from the date
publication, any interested person may, after payment
the fee, file an opposition against the registration
a mark on the basis that it does not comply with the provisions
Articles 2 to 4
this Law. The opposition, which shall be motivated, shall be filed in writing with the Section
Appeals
the State Patent Bureau. The holder
the registration shall be notified
the opposition and be given a right to submit his observations thereon within three months. If the opposition is rejected, the Section
Appeals
the State Patent Bureau shall notify accordingly the person who filed the opposition and the applicant. If the opposition is accepted, the registration shall be declared void in whole or in part and cancelled accordingly. The decision
the Section
Appeals
the State Patent Bureau to that effect shall be published in the
ficial Bulletin. Article 13. Issuance
a Registration Certificate The State Patent Bureau shall issue a registration certificate to its holder if, pursuant to the provisions
paragraphs
this Law, an opposition was not filed or was rejected. The registration certificate shall contain all the information contained, in respect
a given mark, in the Register
Trademarks and Service Marks
the Republic
Lithuania as provided in paragraph
this Law. Article 14. Amendment
the Register
Trademarks and Service Marks
the Republic
Lithuania and
the Registration Certificate The holder
a mark shall notify the State Patent Bureau
the following changes: 1) change in the name or address
the holder; 2) change in the name or address
the representative; 3) change in the representation
the mark as registered, where the State Patent Bureau considers that the change does not relate to the distinctive character
the mark; 4) limitation
the list
goods or services; and 5) change, in whole or in part, in the ownership
the registration. The State Patent Bureau shall, upon payment
the fee, and upon submission
any evidence it may require, enter the changes in the Register
Trademarks and Service Marks
the Republic
Lithuania and also in the registration certificate. Chapter 4 Collective Mark Article 15. Right to a Collective Mark A union (association)
natural or legal persons or any other voluntary amalgamation
enterprises shall have the right to file an application for the registration
a collective mark. Article 16. Registration and Use
a Collective Mark All the provisions
this Law, with the exception
Articles 21 and 22 thereof, shall be applicable to a collective mark. The assignment
a collective mark shall be subjected to the consent
all natural or legal persons which are members
the union (amalgamation, association, etc.) which holds the registration
the collective mark. Chapter 5 Term and Renewal
a Registration Article 17. Term The initial term
the registration
a mark shall be 10 years from the filing date
the application. Article 18. Renewal The registration
a mark may be renewed for additional terms no longer than 10 years. The renewal shall be subjected to the following conditions: 1) the filing
a request for renewal within the last year
the term
the registration; 2) the payment
the fee; and 3) a request for renewal may be filed up to six months after the end
the term
a registration, subject to the payment
a surcharge which shall correspond to 50 per cent
the renewal fees. Chapter 6 Rights Conferred by a Registration Article 19. Scope
Protection A mark registered in the Republic
Lithuania shall be protected for the goods or services listed in the registration certificate. The extension
the list
goods or services
a registration may only be made through the filing
a new application. Article 20. Rights Conferred by a Registration The holder
a mark shall have the right to prevent third parties, from using without his authorization, any sign which: 1) is identical with the mark in respect
the same goods or services for which it is registered; and 2) is identical with the mark in respect
similar goods or services, or similar to the mark in respect
the same or similar goods or services, where there exists a likelihood
confusion on the part
the public, including the likelihood
association between the sign and the mark. At least the following shall constitute using the sign: 1) affixing the sign to goods or to the packaging thereof; 2)
fering goods, or putting them on the market for sale, rental, lending or any other form
distribution, or stocking goods for these purposes under that sign, or
fering or supplying services thereunder; 3) importing and exporting
goods under the sign; 4) using the sign on business papers or in advertising; and 5) manufacturing and possessing specimens
the sign, with the intention
doing any
the acts referred to in items 1) to 4), above. The holder
a registration shall have the right to prevent third parties from using, without his authorization, in any way that jeopardizes the distinctive character
the registered mark, any sign which is identical or similar to the mark. At least the following uses
a sign shall be considered to be uses that jeopardize the distinctive character
the mark: 1) using the sign as a trade name or as means
identifying the premises
an enterprise, where such use would, in view
the mark and the goods or services for which it is registered, be likely to mislead the public; and 2) reproducing or referring to the sign in publications or in any other public media in a way that conveys the impression that the mark has become the generic name
a particular good or service. The holder
a mark which is considered to be well known in the Republic
Lithuania shall, even if it is not registered under this Law shall have the right to prevent third parties from using in commerce, without his authorization, any sign which constitutes a reproduction, an imitation or a translation
the mark. The concept
a well known mark shall be established by the State Patent Bureau. Paragraphs
this Article shall not prevent any person from using: 1) his own name and address; 2) indications concerning the kind, quantity, intended purpose, value, geographical origin, the time
production
goods or other characteristics
goods or services; 3) the registered mark
a third party where it is necessary to indicate the intended purpose
a good or service, in particular as accessories or spare parts; and 4) the registered mark
a third party in comparative advertising, where such advertising is permitted, provided that use is made in accordance with honest practices in industrial or commercial matters. Chapter 7 Transfer and Licensing
Marks Article 21. Transfer
Marks The rights in a mark may be transferred with or without a transfer
the business
the assignor. The transfer
a mark may cover one, several or all the goods or services to which it is applied, but shall not be the subject
territorial limitations within the territory
the Republic
Lithuania. The transfer
a mark shall have no effect if the transfer has not been recorded in the Register
Trademarks and Service Marks
the Republic
Lithuania. Article 22. Licensing
Marks A mark may be the subject
an exclusive or non-exclusive voluntary license by its holder for some or all
goods or services for which it is registered and for the whole territory
the Republic
Lithuania. The license contract shall have no effect if it has not been recorded in the Register
Trademarks and Service Marks
the Republic
Lithuania. Chapter 8 Invalidation and Revocation
a Registration Article 23. Invalidation
a Registration Upon request by any interested person, the registration
a mark may be invalidated by the Court, on the ground that the said mark does not comply with Articles 2 to 4 this Law. Where a decision
invalidation is final, the Court shall accordingly notify the State Patent Bureau, which shall record the decision in the Register
Trademarks and Service Marks
the Republic
Lithuania and publish it in the
ficial Bulletin. Article 24. Revocation
a Registration The registration shall, at the request
any interested person, be revoked in judicial proceedings if it is established that either
the following events occurred: 1) the mark has become, in that part
commerce in which the good or service concerned is traded or supplied, the generic name for goods or services for which it is registered, as a result
the treatment
the mark as a generic name by the holder
the registration; or
the inactivity
the holder
the registration; or due to such treatment
the mark by others; and 2) the mark has not been used or has not been the subject
serious preparations for commencement
use by the holder
the registration in the territory
the Republic
Lithuania, without justifying cause, within a period
five years preceding the date on which the judicial proceedings were commenced. In determining, for the purposes
item 2)
paragraph
this Article, whether a mark has been used by the holder
the registration, the following uses shall be considered to be use
the mark by such holder in the Republic
Lithuania where it is registered: 1) use
a sign which differs from the mark as registered only in a way that does not affect the distinctive character
the said mark; 2) use by a person other than the holder
the registration with the consent
the latter; and 3) affixing the mark to the goods or to the packaging thereof solely for export purposes. Revocation
a registration on the grounds as provided for in paragraph
Article 25. Limitations Where any
the grounds referred to in paragraphs
or in Article 24 apply to only some
the goods or services in respect
which the mark is registered, the registration shall be cancelled only in respect
those goods or services. Invalidation or revocation shall not be allowed if the holder
a prior mark has knowingly tolerated the use during five years
a later mark which had been the subject
a bona fide application, except where their coexistence would be liable to mislead the public or be contrary to public order. Article 26. Right to Register a Mark Validity
which is Terminated Where the validity
a mark is terminated either because
voluntary abandonment by its holder or lack
renewal, the same mark may be the subject
a new application in the Republic
Lithuania: 1) in the name
the former holder
the registration, at any time after the date on which the said registration ceased to be in force, unless a new application has been filed in the name
another person in accordance with item 2)
this Article; and 2) in the name
another person after a period
three years following the date on which the registration ceased to be in force. Chapter 9 Consideration
Disputes. Enforcement
Rights Article 27. Institutions for Consideration
Disputes Concerning the Legal Protection
Marks Disputes regarding the registration and use
marks shall be dealt with by the following institutions: 1) the Section
Appeals
the State Patent Bureau, in respect
all disputes relating to the registration
a mark prior to the issuance
the registration certificate; and 2) the Supreme Court
the Republic
Lithuania until the courts provided for in the Constitution
the republic
Lithuania start functioning; and thereafter - the Vilnius district court, in respect
disputes regarding (amended 8 November 1994): decisions
the Section
Appeals
the State Patent Bureau relating to the refusal to register an application and to issue a registration certificate; all matters relating to the invalidation
registration
marks and certificates granted; all matters relating to revocation
registration
marks; and all matters relating to the enforcement
the rights
the holder
a mark. Article 28. Enforcement
Rights According to the claim
the holder
a mark, the Court may adopt a decision to terminate any acts the performance or the likely performance
which may infringe the rights conferred by paragraphs
. The Court, according to the claim
the holder
a mark, may adopt a decision on the reparation
damages to the holder
the mark caused by performance
any acts that infringe the rights conferred by paragraphs
this Article, the Court may re-establish the situation that existed before the infringement and to stop infringing actions, to proceed with an effective seizure
the goods and, when necessary, to destroy illegally used marks, tools that could be used to manufacture the goods and the goods themselves in absence
the possibility to remove an illegally mark from such goods. Article 29. Acts
the Customs to Enforce the Rights
the Holder
a Registered Mark The holder
a registered mark or the beneficiary
a license may request in writing from the customs administration to withhold goods transported across the border
the Republic
Lithuania which bear a mark which is considered by the said holder or beneficiary as infringing their rights in a mark registered in the Republic
Lithuania. The Customs authorities shall promptly inform the Public Prosecutor, the holder
a registered mark and the person declaring the goods in the Customs that the said goods have been withheld. For the purpose
instituting the legal proceedings the holder
a registered mark or the beneficiary
a license may require the Customs administration to communicate the names and addresses
the sender as well as the quantity
the said goods. The withholding
the goods shall be automatically lifted if the plaintiff fails, within 15 working days from the date
withholding, to furnish evidence the Customs authorities: either
the withholding measures decided by the Court or
having instituted legal proceedings and furnished the securities which way have been required by the Court to cover possible expenses
storing such goods. Article 30. Responsibility
the Holder
a Mark to Compensate for the Losses Incurred in View
Groundless Claims The plaintiff shall be held responsible for compensating the defendant the losses incurred in view
his groundless claims. He shall also be held liable to compensate for the expenses
storing goods that had been groundlessly withheld by customs. If proceedings are satisfied, the defendant shall have to compensate customs the expenses
storing the goods. Article 31. Penal Responsibility for Infringement
the Mark Holder's Rights Penal responsibility for infringement
the mark holder's rights shall be as provided for in the relevant laws
the Republic
Lithuania. Article 32. Persons Entitled to Enforce Infringement proceedings shall be instituted by the holder
the mark. However, the beneficiary
a license
the mark may institute infringement proceedings, unless otherwise stipulated in the license contract. Any other party to the license contract shall have the opportunity to take part in the court proceedings for infringement
rights to a trademark instituted by another party and to receive equitable compensation. Article 33. Deletion from the Register
Trademarks and Service Marks
the Republic
Lithuania A registration shall be deleted from the Register
Trademarks and Service Marks
the Republic
Lithuania if: 1) the holder
a mark requests in writing its deletion; 2) the registration
a mark has not been renewed in accordance with Article 18; 3) it has been declared void pursuant to paragraph
; and 4) it has been the subject
revocation following judicial proceedings. Chapter 10 International Agreements Article 34. International Agreements; Rights
Foreign Legal and Natural Persons Where international agreements to which the Republic
Lithuania is a party establish rights which, for an applicant or a holder
a registration
a mark, are more advantageous than those provided for in this Law and other legal acts thereof, the relevant provisions
such international agreements shall apply. Foreign legal and natural persons shall enjoy all rights provided for in this Law and other acts regulating the protection
marks. Chapter 11 Miscellaneous Article 35. Provisional Regulations The rights
persons who, in accordance with the Decree
the Government
the Republic
Lithuania
20 May 1992 On the Legal Protection
Industrial Property in Lithuania, No.362, filed applications to re-register their USSR trademark and service mark certificates or certificates granted on the basis
Madrid Agreement Concerning the International Registration
Marks and were granted trademark and service mark certificates
the Republic
Lithuania shall be protected in accordance with this Law. Persons who, pursuant to the Decree
the Government
the Republic
Lithuania
20 May 1992 On Legal Protection
Industrial Property in the Republic
Lithuania, No.362, filed their trademark and service mark applications, shall in accordance with the provisions stipulated in this Law, have the right to be granted trademark and service mark certificates. Priority
such trademarks and service marks shall be established on the basis
applications duly filed with the State Patent Bureau. Persons who, according to the Decree
the Government
the Republic
Lithuania
10 April 1991, On the Provisional Procedure for the Establishment
Quotas and Issuance
Licenses for Goods and Services which are Exported from the Republic
Lithuania, No. 128, have filed trade mark or service mark applications with foreign patent
fices, shall have the right to obtain the priority dates
those foreign applications if they have deposited copies
those foreign applications with the State Patent Bureau and shall have the right to register their marks in accordance with the procedure set forth in this Law. Trade marks and service marks registered in the former USSR shall be regarded as invalid if certificates
such marks are not re-registered with the State Patent Bureau by 30 September 1993 in accordance with the procedures prescribed by the Government
the Republic
Lithuania. Article
the Republic
Lithuania. President
the Republic Algirdas Brazauskas
DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.