Jun 03, 2021 (Newsletter Issue 11/21)
IP Office Identifies Duplicate User Records
On May 31, 2021, the State Patent Office of the Republic of Lithuania (VPB) was the first IP Office to implement the European Cooperation Project "IP User Repository (IPUR)", after testing an initial pilot phase of the tool in Portugal, Denmark and Slovenia.
IPUR is a support tool developed to help IP Offices identify and correct duplicate user records (personal data). The tool uses artificial intelligence (AI) to identify potential personal data records that could belong to the same entity if some preliminary criteria have been defined by the Office. Based on these criteria, the tool proposes the matches as clusters for the Office to review.
A "cleaner" database of users will help reduce the number of errors in the e-filing process and delays in the examination process, as well as improve interaction with clients.
Source: www.euipo.europa.eu
May 06, 2021 (Newsletter Issue 9/21)
Further Improvements to Back-office System
As of April 6, 2021, the State Patent Bureau of the Republic of Lithuania (SPB) has successfully implemented additional functionalities into the back-office system.
The system was integrated with the national systems of Lithuania and with the budget system of the Lithuanian State Tax Inspectorate.
Source: www.euipo.europa.eu
Mar 25, 2021 (Newsletter Issue 6/21)
Back Office System Upgraded
On February 18, 2021, the State Patent Bureau of the Republic of Lithuania (SPB) has successfully upgraded its back office system to SP Back Office. This was possible thanks to the close cooperation between the EUIPO and the SPB project teams and their partners.
The SPB is the first office to upgrade to SP Back Office V 3.0 and it paves the way for future upgrades in other intellectual property offices. In addition to an improved search engine and a more modern and user-friendly interface, this upgrade also brings important technical improvements to the existing system that will enable new functionalities and easier system maintenance.
Source: www.euipo.europa.eu
Feb 25, 2021 (Newsletter Issue 4/21)
New Online Services
On January 29, 2021, the State Patent Bureau of the Republic of Lithuania (SPB), with the support of the EUIPO’s European cooperation project ECP1, has improved the e-filing and e-services tools available by integrating these with the Register of Legal Entities and the Register of Addresses.
The front office platform, available via the SPB website, now allows Lithuanian users to file applications and requests electronically, to automatically retrieve addresses and company data from the official Register of Legal Entities and the Register of Addresses.
Source: www.euipo.europa.eu
Feb 14, 2019 (Newsletter Issue 2/19)Madrid E-Filing Service InstalledThe State Patent Bureau of the Republic of Lithuania informed that international trademark applications under the Madrid Protocol can now be filed electronically as of February 1, 2019.
Further, the system makes it possible to translate the goods and services into English and check their compliance with the requirements of the Nice Classification.
To access the Madrid e-filing service, please click hereSource: vpb.lrv.lt Jan 31, 2019 (Newsletter Issue 1/19)New Regulations for TM Registration in ForceThe Lithuanian PTO informed that new Regulations for the registration of trademarks were adopted on January 24, 2019. These Regulations implement the new version of the Law on Trademarks, which came into force on January 1, 2019.
The new version of the Regulations implements the EU Directive 2015/2436 and aims at making the registration and protection system of trademarks more accessible and efficient.
Changes are the following:
- Update of electronic application filing system
- New fees
- Registration of new types of marks made possible
- Application process reduced to three stages (filing, payment, submission)
- Certification marks introduced
- Fast-track examination now possible
- Import of Nice Classification headers abolished
For more information, please check the PTO's website and the article of the law firm AAA Law here
Please note that the amendments have been included and the Lithuanian survey has been updated thanks to our contributor AAA Law, Lithuania. Feb 17, 2016 (Newsletter Issue 3/16)
IP Gazette Twice a Month Now
The Lithuanian PTO informed on its website that the Official Gazette, the SPB Bulletin, will be published twice each month on the 10th and 25th day.
The information included in the SPB Bulletin issue published on the 10th day of each month will cover the period from the 16th day of the previous month to the last day of the said month as well as other official information relevant on the day of publishing. The information included in the Official Bulletin issue published on the 25th day of each month will cover the period from the 1st to the 15th day of the current month and other official information relevant on the day of publishing.
This change in the bulletin publishing process will ensure a more responsive and efficient dissemination of information on industrial property: interested persons will have a faster way to receive information about the entry into force of registered rights or changes in the Patents, Trademarks or Design Registers.
Source: www.vpb.gov.lt
Oct 28, 2014 (Newsletter Issue 16/14)New Trademarks and Designs E-Filing SystemFrom 30 September 2014, the submission of the trademarks and designs applications and other related documents can be filled through the newly amendment electronic system of the State Patent Bureau of the Republic of Lithuania (SPB). A new system allows to fill the applications and send other documents and communications more easily and faster.
Together with the new system the electronic services have been extended; now the applicant can not only submit the application for registration of a new IP right, but also can make requests for other actions, review the status of the documents, find the history reports.
Electronic applications, signed by the person or his representative, have the same legal effect as paper-based documents. SPB issued documents will also be submitted electronically and signed with an electronic signature. For the submission of electronic documents, no special electronic equipment is required. The electronic application can be made via the SPB secure access website www.vpb.gov.lt or e-government gates www.epaslaugos.lt
Applicants are given the opportunity to take advantage from electronic classification of goods or services, the system ensures the good quality of images in the applications.
E-filling system is designed and implemented in collaboration with the Office for Harmonization in the Internal Market (OHIM) under the Cooperation Fund program.
Source: www.vpb.gov.lt Mar 12, 2013 (Newsletter Issue 3/13)
Trademark Law Amended
After Lithuania’s parliament ratified the Singapore Treaty on the Law of Trademarks on November 8, 2012, it also adopted the amendments to Lithuania’s Law on Trademarks, which will enter into force on June 1, 2013.
The trademark law amendments and the related amendments to the Law on Fees for the Registration of Industrial Property Objects, which will also enter into force on June 1, 2013, are intended to simplify the procedures and reduce registration fees by approximately 25 percent.
Some of the most important changes to the trademark law are described below.
While currently only well-known trademarks and CTMs with reputation enjoy protection against marks covering dissimilar goods or services, the amended law will extend the protection to international registrations designating Lithuania and national trademarks with a reputation in Lithuania.
To simplify the application procedure, the amended trademark law will allow payment of application fees within a month after the filing. Only details of payment will need to be indicated without providing paper copy of the bank transfer.
In case a mark is contested, the amended trademark law will allow a division of the trademark application or registration into several applications or registrations with the obligation to pay application and/or registration fees for each separate application or registration.
Another novelty is that the assignment of trademark rights will not be permitted if:
- The trademark would become misleading as a consequence of the assignment; or
- If the assignee does not submit proof of permission to use the trademark where such permission is required (use of national symbols for example).
Another important change is that licenses will have effect against third parties even if they are not recorded in the Lithuanian trademark register. In addition, it will no longer be necessary to submit a notarized copy of the license agreement for the recordal of a license. A copy of the license agreement will be sufficient for recordal purposes.
Also included are important amendments pertaining to acquiescence. The amended law is clearer in regard to invalidation actions and avoids difficulties with interpretation of “obviously tolerating the use of a later mark for more than five years” as defined in the current version of the law. The amended law more clearly defines that the trademark may not be invalidated “if the owner of the earlier mark has known and has not opposed the use of a later mark” within five years after its registration.
The provisions on the non-use cancellation actions have also been changed. The amended law no longer includes the provision stating that a trademark will be cancelled if it has not been put to use or if there have not been “serious preparations to start use” for five years since the registration. The amended law simplifies the non-use cancellation grounds, i.e. it simply states that the mark must be brought into genuine use within five years of the registration date.
Source: PETOŠEVIĆ
Feb 18, 2013 (Newsletter Issue 2/13)
Singapore Treaty Ratified
On the 8th of November 2012 the Parliament of the Republic of Lithuania enacted the Law on the Ratification of the Singapore Treaty on the Law of Trademarks. On the same day in accordance with implementation of the Treaty the Draft Amendments to the Law on Trademarks of the Republic of Lithuania were approved.
The Law on Ratification of the Singapore Treaty on the Law of Trademarks will enter into force on the 1st of April 2013. According to the Article 28 paragraph 3 of Singapore Treaty on the Law of Trademarks, Lithuania will become bound by this Treaty three months after the date on which it has deposited its ratification instrument. The purpose of the International Treaty is to unify procedural regulations for the trademark registration in contracting states.
Source: www.vpb.gov.lt
Nov 19, 2012 (Newsletter Issue 17/12)Accession to Singapore Treaty and Amendments to Trade Mark LawOn the 8th of November 2012 the Parliament of the Republic of Lithuania enacted the Law on the Ratification of the Singapore Treaty on the Law of Trademarks. On the same day in accordance with implementation of the Treaty the Draft Amendments to the Law on Trademarks of the Republic of Lithuania were approved. The latter will simplify the procedures and reduce the fees for registration of industrial property objects.
When the amendments enter into force the recordal of a license agreement no longer be compulsory in oder to become valid against third parties. That is to say, it will be possible to verify the status of the licensee not only according to the information in the public register, but also to any other obtainable evidences.
The amendments to the laws also will simplify the procedure of recording when registering the rights to the trade mark or to the design license or assignment agreements. a notarized extract from a licensing contract will no longer be obligatory for recording data in the register. The document certifying the conclusion of the licensing contract signed by one of the parties whall be enough.
The Law on the Trademarks also embarks the regulation of division of application or registration of trademarks, protection for national trademarks that gained reputation in the territory of Republic of Lithuania.
The Fee for the trademark application, design application or topography application will be payable within 1 month after filling date.
Additionally, The Law on Fees for the Registration of Industrial Property Objects will reduce the fees by 25 percent and more on patent application, design application, topography of semiconductor product application, grant of patent, design registration, publication and issuance of registration certificate, renewal of design, registration of trademark, patent, and design license agreements, also the changes will allow to confirm the payment by electronic means.
Legislation Amendments will enter into force on the 1st of June 2013.
Source: www.vpb.lt and METIDA Law firm, Lithuania
Legal basis is the "Law on Trademarks" of October 10, 2000, in force since January 1, 2001. A new version of the law with amendments related to implementation of the EU Trademark Directive 2015/2436, was adopted on December 4, 2018 and came into force on January 1, 2019
The amended Regulations for the registration of trademarks, which implement the new version of the Law on Trademarks, were confirmed by the order of Patent Bureau director on January 24, 2019 and are valid as from January 26, 2019.
Lithuania is a member of the Madrid Protocol. Since May 1, 2004, Lithuania has been a member of the European Union.
Trademark protection is obtained by registration under national, international or European Union trademark system in Lithuania. Trademarks which were protected in the former Soviet Union are protected in Lithuania only, if they were re-registered within the period stipulated.
A mark may be recognised as well-known in a court proceeding if the results of its use or promotion reveal that it is well-known in the relevant sector of the public. It can be protected even without registration.
Nice classification, 12th edition
The international Vienna classification of figurative elements has also been adopted.
A trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
1) distinguishing the goods or services of one undertaking from those of other undertakings;
2) being represented on the Register of Trade Marks of the Republic of Lithuania (hereinafter referred to as the Register) in a manner, which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
The following trademark types are also registrable: motion marks, multimedia marks, holograms, pattern marks, position marks. The collective marks, certification marks, trade names, service marks are also registrable.
The application is filed at the Patent Bureau.
Multiple-class applications are possible.
Foreign applicants (not from European Union and European Economic Area countries) need a local agent (patent attorney).
A non-notarised and non-legalised, simply signed power of attorney is sufficient.
A qualified electronic signature is acceptable, if the document complies with the requirements established in legal acts regarding data authenticity and validity of the electronic signature and identification of the signatory.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination of the application and an examination of the mark based on absolute requirements, but no search for prior trademarks.
The processing time from first filing to acceptance or first office action is approx. 2 months (during this period temporary legal protection shall be afforded for the mark). After acceptance, the mark is published in the official bulletin of the State Patent Bureau. After termination of the opposition period, the mark is registered and a registration certificate is issued.
The accelerated examination of the application is possible and it is carried out within 5 working days.
National:The opposition period is 3 months from the publication of the application. The motivated written application for the opposition should be filed with the Appeal Division of the State Patent Bureau.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for application, registration and publication is EUR 180 for one class, EUR 40 for each additional class. The fee for accelerated examination is EUR 150.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Jun 27, 2023
AAA Law, Vilnius, Lithuania