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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Lithuania it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Lithuania, who will carry out all needed tasks before the Trademark Office in Lithuania in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Lithuania.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Lithuania. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Lithuania.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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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: 

  1. Examination – The examiners will take a look at the application and will judge it according to its:
    • Formalities
    • Clarity
    • Classification
    • Descriptiveness
    • Deceptiveness
    • Distinctiveness
  2. Registration – If the application was approved in the examination phase, the trademark office will then issue the registration grant.  
  3. 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.

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Does having a registered trademark in Lithuania afford me any right?

Registration of trademark is mandatory to secure rights. 

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What is the web address of the trademark national office?

You can visit the Lithuania trademark office online in this website URL: http://www.vpb.gov.lt/

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Is there any need to use my trademark before I apply for registration?

No. Actual use of the mark is not necessary before filing the application.

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What are the grounds for a Trademark Application to be opposed?

Opposition is conducted on the following grounds: 

  • Proprietary rights
  • Mark is descriptive, misleading, disparaging, deceptive, functional or generic
  • Rights of a notorious mark
  • Rights in (famous) personal name
  • Rights in a registered design
  • Rights in a trade name
  • Rights in a company name
  • Geographical indication
  • Issues with morality or public policy
  • Protected state emblems, armorial bearings, or flags
  • Registration under a representative’s name
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Who can contest my trademark registration?

The following parties may oppose the registration: 

  • Interested parties
  • Licensees
  • Owner of an earlier registered right
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Is it possible to cancel a registration?

Yes. Registration may be cancelled on these grounds: 

  • Use requirements based on Section VIII.A. are not satisfied
  • Bad faith
  • Issues with morality / public order
  • Geographical indication
  • Generic mark
  • Personal name rights
  • Registered design rights
  • Trade name rights
  • Mark was registered under name of representative
  • Protected armorial bearing, emblem and flag
  • Conflict with a well-known mark
  • Breach of copyright
  • Mark is functional, descriptive, not distinctive, misleading, deceptive, or disparaging
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Are there any rights established by having a registered trademark?

The following rights are secured after the mark is registered: 

  • Exclusive right to use the mark
  • Right to file an opposition case against conflicting applications
  • Right to file a cancellation action against conflicting registrations
  • Right to sue third parties for infringing the mark
  • Right to obtain payment from third parties for infringement
  • Right to request for seizure of fake imported goods
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How long is the opposition period?

The opposition period starts on the publication date and ends three months after that date.

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Is Lithuania a member of the Madrid System?

Yes. Lithuania is a party to the Madrid Protocol.

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Do I need to present periodic statement of use?

No. Any filing that would set forth the use of mark such as periodic statement of use is not needed.

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When should I renew my trademark?

Renewals are made every 10 years.

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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 there any documentation that should be presented when renewing a trademark?

Yes. This jurisdiction requires the following documents for trademark renewal: 

  • Proof of payment
  • Request for renewal
  • Power of attorney
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If my trademark expires, do I have a grace period?

A grace period of 6 months is available for owners that are late in renewing their trademark.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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