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Trademark Registration in Lithuania and in the European Union

Trademark Registration in Lithuania and in the European Union

For every business with its own trademark, it is important to ensure its legal protection that the trademark would not lose its prominence and reputation among customers thereof, and no one can be able to copy it. The owner of registered trademark acquires the right to prohibit other persons from using any mark, which is identical or similar to his/her registered mark, without his/her consent. The owner of trademark shall be entitled to apply to the Court due to trademark copying infringements.

In order to protect the trademark in a particular state, wherein the activity is carried out, it must be registered with the respective Intellectual Property Office of that state. For instance, in Lithuania applications to register a trademark at national level shall be examined by the State Patent Bureau of the Republic of Lithuania. In such a case, the trademark acquires protection only in the territory of Lithuania. The application fee is EUR 180 for one class of goods or services, an additional charge shall be applied for each additional class. The State Patent Bureau, after the receipt of the application, shall carry out a trademark examination and issue a trademark registration certificate according to the results of examination.

Depending on business needs, the trademark can also be registered at EU level.

If the trademark protection is necessary in all EU countries, an application must be submitted through the European registration system EUIPO. Applications are investigated by the EU Intellectual Property Office which is located in Alicante.

Applications are only accepted online, sent by registered mail or courier. The fee for this application is EUR 850, each supplementary class of goods or services will be charged additionally. The decision therefore shall be taken within 4 months.

In both cases when registering a trademark, first of all, it is necessary to carry out its assessment and to make sure that a similar trademark does not exist.

The submitted application to register a trademark shall include:
- whether this is a visual, verbal, visual with verbal elements or spatial trademark;
- which language is used;
- trademark picture in jpg format must be attached;
- specify for which class of goods and services it will be used;
- provide contact information of the trademark owner – natural or legal entity.

The trademark will not be registered, if similarities are found with already registered trademarks. Therefore, before a submission of application, it is necessary to spare some time for the analysis of already registered similar or identical trademarks and evaluate the possible risks. If a trademark application is rejected, the fee paid will not be refunded. If it is accepted, the trademark becomes protected and further actions can be taken.

After the registration of trademark, its protection shall be valid for 10 years from the day of its grant. After the expiration of trademark protection, it is possible to appy for its extension.

 

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