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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 16 months, if no objections or oppositions arise.
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If I register my trademark in Lithuania, do I have protection in other territories?
No. The mark is protected only in Lithuania.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney is necessary to complete the application procedure.
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Are there any benefits from a pre-filing use of the trademark?
The only benefit from pre-filing use of a mark is that it helps the applicant prove that he has been using the mark earlier than his competitors.
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Will there be problems in case I don’t use my trademark after registration?
Yes. A registered mark that is not being used is vulnerable to cancellation of registration.
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What are the types of trademark that can be registered in Lithuania?
Marks that are possible to recreate graphically and marks that will add distinction to a good or service are open for registration.
- Slogans
- Names
- Devices
- Words
- Colors
- Trade dress
- Shapes with 3 dimensions
- Holograms
- Sounds
- Anything that can be represented visually or graphically
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What are the phases of application after a trademark has been filed in Lithuania?
The order of application process in Lithuania is as follows:
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Examination – The examiners will take a look at the application and will judge it according to its:
- Formalities
- Clarity
- Classification
- Descriptiveness
- Deceptiveness
- Distinctiveness
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Registration – If the application was approved in the examination phase, the trademark office will then issue the registration grant.
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Publication – This phase makes the application particulars accessible to the public. This is also the time when filing of opposition case is open to third parties.
- Mark
- Applicant’s name, address, country of incorporation and citizenship
- Application number and date when it was filed
- Representation
- Priority Claim
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What type of trademark is non-registrable?
The trademark law in Lithuania prohibits that following marks:
- Marks that are at odd with moral principles or marks that oppose public order
- Generic words or common terms
- Marks that use flags or names or symbols of an international organization or a nation/state/region
- Marks that are lacking in distinctive qualities
- Marks that use a famous person’s name and/or surname
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Does Lithuania use the "Nice Classification" system?
Yes. Nice Classification is effective in Lithuania. A single application will allow the owner to use the trademark for multiple classes of goods/services.
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Does the Community Trademark apply for Lithuania?
Yes. Lithuania is a EU (European Union) member and the Community Trademark registration takes effect in this territory.
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Is there any possibility to claim priority in Lithuania?
Yes. The home filing date can be used by the applicant as the filing date in Lithuania if:
- Home country is a Paris Convention member
- Filing date in home country does not exceed 6 months from the filing date in Lithuania
- Home country is a WTO (World Trade Organization) member
- International registration can be based in Lithuania
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What do I need to do to satisfy the use requirement?
For national registration, the mark must be used within 5 years from the date the certificate of registration was issued. For international registration, the mark must be used within 5 years from the date the protection was granted.
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Once my trademark has been registered, for how many years will be valid?
The registered mark is valid for 10 years starting from the date of application.
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What will be the renewal date of my trademark?
The trademark will be renewed 10 years from the date of filing the application.
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Is it legal to use my trademark even if it is not yet registered?
Yes. It is legal to use a trademark for business even if it is not yet registered.