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LIETUVOS RESPUBLIKOS VYRIAUSYBĖ

LIETUVOS RESPUBLIKOS VYRIAUSYBĖ Official translation government of the republic of lithuania resolution no. 1129 ON THE USE OF THE OFFICIAL OR TRADITIONAL (ABBREVIATED) NAME OF THE REPUBLIC OF LITHUANIA IN FIRM NAMES 7 October 1999 Vilnius Acting in compliance with Paragraph 6 of Article 4 of the Law of the Republic of Lithuania on Firm Names, the Government of the Republic of Lithuania hereby resolves:

  1. To authorise the Minister of Public Administration Reforms and Local Authorities to issue an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in firm names.
  2. To charge the Commission established by the Minister of Public Administration Reforms and Local Authorities, specified in Subparagraph 2.
  3. of Government of the Republic of Lithuania Resolution No. 1041 of 1 September 1998 on the Powers related to Granting an Authorisation to Use the Official or Traditional (Abbreviated) Name of the Republic of Lithuania, State Emblem, Flag, Heraldry, Guarantee Marks and Hallmarks, Seals, Decorations in Trade and Service Marks, with the consideration of requests and presentation of recommendations to the Minister of Public Administration Reforms and Local Affairs concerning the granting of an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in firm names.
  4. To approve the procedure for granting an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name (appended). Prime Minister Rolandas Paksas Minister of Public Administration Reforms and Local Authorities Sigitas Kaktys APPROVED BY Resolution No. 1129 of the Government of the Republic of Lithuania of 7 October 1999 procedure for granting AN AUTHORISATION to use the official or traditional (ABBREVIATED) name of the Republic of Lithuania in a firm name
  5. This document shall regulate the procedure for granting an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name.
  6. The definitions used in this Procedure shall correspond to the definitions used in the Law of the Republic of Lithuania on Firm Names.
  7. A firm name with the official or traditional (abbreviated) name of the Republic of Lithuania shall be registered upon having received the authorisation of the Minister of Public Administration Reforms and Local Authorities. The Minister of Public Administration Reforms and Local Authorities shall adopt a decision concerning the authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name, taking into consideration the recommendation of the Commission specified in Subparagraph 2.
  8. of Government of the Republic of Lithuania Resolution No. 1041 of 1 September 1998 on the Powers Related to Granting an Authorisation to Use the Official or Traditional (Abbreviated) Name of the Republic of Lithuania, State Emblem, Flag, Heraldry, Guarantee Marks and Hallmarks, Seals, Decorations in Trade and Service Marks, (hereinafter referred to as the Commission). The State Patent Bureau shall render technical assistance to the Commission.
  9. The Commission shall have the following rights: 4.
  10. to present recommendations to the Minister of Public Administration Reforms and Local Authorities regarding the granting of an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name; 4.
  11. to request additional information or documents from applicants and other competent institutions; 4.
  12. to consult experts and request their opinions on the issues under consideration.
  13. The applicant wishing to register a firm name with the official or traditional (abbreviated) name of the Republic of Lithuania, shall file a request to the State Patent Bureau in the name of the Minister of Public Administration Reforms and Local Authorities.
  14. The request shall contain the following: 6.
  15. the applicant’s name and surname or (if the applicant is a legal person) the name of the firm, and the address (firm’s seat address); 6.
  16. the type of activities carried out by the applicant; 6.
  17. the reason for the use of the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name.
  18. The following documents shall be filed together with the request: 7.
  19. a copy of the request for registration of a firm name (if such a request has been filed); 7.
  20. if the applicant is a legal person or an enterprise of the Republic of Lithuania which does not possess the rights of a legal person, a notarised copy of the registration certificate; 7.
  21. a copy of the registration certificate which proves the legal registration of an enterprise, institution or organisation, attested in a prescribed manner or a document corresponding thereto, and in the care of the applicant being a foreign legal person or an enterprise which does not possess the rights of a legal person, a translation of the document attested in a prescribed manner.
  22. Upon receipt of the request and associated documents, the State Patent Bureau shall refer them to the members of the Commission and set the date of a sitting. Sittings shall be held when necessary and usually once a month on the last Thursday of the month. Requests received not later than 10 days prior to the date of a sitting shall be considered during that sitting.
  23. The Chairman of the Commission shall preside over sittings.
  24. A sitting of the Commission shall be deemed lawful if at least half of the members of the Commission are present.
  25. Minutes shall be taken during the sittings of the Commission.
  26. Having ascertained whether the applicant meets the criteria established in Subparagraph 14 of this Procedure, the Commission shall adopt a decision by a majority vote. In the event of a tie vote, the Chairman of the Commission shall have the deciding vote.
  27. The adopted decision shall be executed as a recommendation of the Commission to grant or refuse to grant an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name; the recommendation shall be signed by the Chairman and Secretary of the Commission who shall submit it to the Minister of Public Administration Reforms and Local Authorities.
  28. Upon receipt the recommendation of the Commission to grant an authorisation to use the official or traditional name (abbreviated) of the Republic of Lithuania in a firm name, the Minister of Public Administration Reforms and Local Authorities shall grant an authorisation provided that the applicant meets one of the following criteria: 14.
  29. the applicant represents or will represent the interests of the State of Lithuania in other states or international organisations the activities of which has been recognised by the Republic of Lithuania in legislation; 14.
  30. the applicant engages in or will engage in activity, or produces or will produce goods which are strategically important for the functioning or the economy of the State of Lithuania; 14.
  31. the applicant develops or will develop branches of economy typical to Lithuania or represents or will represent cultural or industrial traditions of Lithuania; 14.
  32. the applicant is a unit or subsidiary which is established or in the process of being established in Lithuania by a widely-known foreign firm whose name is used in the names of the units or subsidiaries. A foreign firm shall be held to be widely-known if it is included in lists of major firms, compiled by international institutions of statistics; 14.
  33. the applicant has established units of his firm in more than half of the territorial administrative units of the Republic of Lithuania.
  34. An applicant who establishes a unit of the firm which has an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name, shall not need a separate authorisation to use the name of the Republic of Lithuania in the name of a firm unit which is being established by him.
  35. The authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name may be revoked by the Minister of Public Administration Reforms and Local Authorities, taking into consideration the recommendation of the Commission to revoke an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name, if the grounds for granting an authorisation, laid down in Subparagraph 14 of this Procedure, have ceased to exist or if the firm is held to be discrediting the name of Lithuania by its activities.
  36. An applicant who has not received an authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name and who wishes to proceed with the registration of a firm name (or if the authorisation has been revoked for reasons specified in Subparagraph 16 of this Procedure), must change a firm name in an appropriate manner.
  37. Disputes pertaining to the authorisation to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name shall be settled in accordance with the procedure established by law.

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