Trademark – Any sign designed – to distinguish one person’s goods or services from another person’s goods or services, and which can be represented graphically. Treated as a brand mark to designate services. An applicant who wishes to register a trademark, has to fill a form in the State Patent Bureau.
An application for the registration of a mark shall consist of:
- a request for the registration of a mark and issuance of the trade mark certificate signed by the applicant or his representative;
- a document certifying payment of the fixed fee;
- the power of attorney given to a person, where the application is filed by an authorised person;
- a request to be granted priority (where appropriate);
- a permit issued by competent authorities (where appropriate);
- regulations governing the use of a collective mark (where appropriate);
- consent of the owner of the (where appropriate).
A request for the registration of a mark and issuance of the trade mark certificate shall contain:
- information identifying the applicant and his representative;
- a reproduction and description of the mark in respect of which registration is applied for;
- the names of goods and/or services for which registration is requested, classified in accordance with the Nice classification effective on the date of filing of the application;
- a statement that the mark in respect of which registration is applied for is a three-dimensional mark (where appropriate);
- a statement that colour or combination, composition of colours are considered a distinctive feature of the mark (where appropriate);
- a statement as to which elements of the mark are considered a disclaimer (where appropriate);
- a statement that the mark is registered and published in standard characters of the State Patent Bureau (where appropriate);
- a transliteration of the mark or its verbal elements, also their translation into Lithuanian (where appropriate);
- a statement that the mark for which an application for registration is filed is a collective mark.
Upon ascertaining that the mark meets the requirements, the State Patent Bureau shall adopt a decision to register the mark and shall within ten days from the date of adoption of the decision send the decision and instruction to pay the fixed fee to the applicant or his representative. After the applicant or his representative presents a document certifying the payment of the fee, the mark shall be registered in the Register of Trade Marks of the Republic of Lithuania. Information of the registered mark shall be published in the Official Bulletin of the State Patent Bureau. The State Patent Bureau shall issue a registration certificate to the proprietor of a registered mark or his representative. The Register of Trade Marks of the Republic of Lithuania is a state register. The Register shall be administered by the State Patent Bureau.
The following data shall be recorded and stored in the Register of Trade Marks of the Republic of Lithuania:
- reproduction of the mark;
- names of goods and/or services for which registration of the mark is applied for, classified according to the Nice classification effective on the day of filing of the application;
- date of filing of the application and its file number;
- date of registration of the mark and its file number;
- the applicant’s name or personal name, surname and address (headquarters);
- name or personal name, surname and address (headquarters) of the proprietor of the mark;
- date of expiry of registration;
- priority date, first application file number, code of the state, provided that priority has been given;
- name of the exhibition, date of display of goods and/or services, provided that priority has been given;
- personal name, surname, address (headquarters) of the representative, where he has been appointed;
- a statement that the mark is collective, three-dimensional or that colour constitutes distinctive character of the mark;
- other data relating to the registration, use and protection of the mark;
- grounds for and date of amendment of the data.