REPUBLIC OF LITHUANIA LAW ON TRADEMARKS AND SERVICE MARKS TABLE OF CONTENTS Chapter I GENERAL PROVISIONS
Art.1. Purpose of the Law
Art.2. Main Definitions of This Law
Art.3. Scope of Application Chapter II PROTECTION OF MARKS
Art. 5. Signs Capable of Constituting a Mark
Art. 6. Absolute Grounds for Refusal
Art. 7. Further Grounds for Refusal
Art. 8. Unprotected Elements of Marks
Art. 9. Priority Rights Chapter III RIGHTS GRANTED BY MARKS
Art.10. Scope of Protection
Art.11. Rights Granted by a Mark
Art.12. Restrictions Pertaining to the Rights Granted by Marks
Art.13. Protection of well-known marks
Art.14. Limitation the Rights Granted by Marks
Art.15. Registration of Marks in the Name of the Agent without a Consent of the Owner of the Mark
Art.16. Reproduction of Marks in Dictionaries and Other Similar Publications Chapter IV TRANSFER, LICENSING AND PLEDGE OF MARKS
Art.17. Transfer of Marks
Art.18. Licensing of Marks
Art.19. Pledge of Marks Chapter V VALIDITY OF MARKS
Art. 20. Term
Art. 21. Renewal of the Term of Marks Chapter VI REGISTRATION OF MARKS
Art. 22. Filing of an Application
Art. 23. Requirements for an Application and Other Documents to Be Submitted to the State Patent Bureau
Art. 24. Terms
Art. 25. Fees
Art. 26.Filing Date
Art. 27. Expert Examination of an Application
Art. 28. Expert Examination of Marks
Art. 29. Appeals
Art. 30. Registration of Marks
Art..31. Withdrawal of an Application
Art..32. Protest against Marks
Art..33. The Procedure for the Hearing of Appeals and Protests in the State Patent Bureau
Art..34. Registration Certificate
Art. 35. Register of Trademarks and Service Marks of the Republic of Lithuania.
Art. 36. Data Contained in the Register of Trademarks and Service Marks
Art. 37. Registration of Amendments to Applications and to the Register of Trademarks and Service Marks.
Art. 38. Cancellation of Registration Chapter VII COLLECTIVE MARKS
Art. 39. Right to Collective Marks
Art. 40. Registration and Use of a Collective Mark Chapter VIII INTERNATIONAL REGISTRATION OF MARKS
Art. 41. Validity of International Registration of Marks
Art..42. Filing of an International Application Based on the Application or Registration in the Republic of Lithuania
Art. 43. Invalidity of International Registration
Art. 44. Prohibition of Double Protection
Art. 45. Special Provisions Applicable to International Registration Chapter IX RECOGNITION OF REGISTRATION AS VOID AND REVOCATION
Art. 46. Recognition of Registration as Null and Void
Art. 47. Revocation of Registration
Art. 48. Refusal to Register a Mark, Revocation or Recognition of Registration as Void with Respect to Certain Goods and/or Services
Art. 49. Right to Register a Mark, which Validity is Terminated Chapter X HEARING OF DISPUTES. ENFORCEMENT OF RIGHTS
Art. 50. Institutions for the Hearing of Disputes
Art. 51. Enforcement of Rights
Art. 53. Acts of the Customs to Enforce the Rights of the Owner of a Registered Mark
Art. 54. Responsibility of the Owner of a Mark to Compensate for the Losses Incurred in View of Groundless Claims
Art. 55. Criminal Liability for Infringements of the Mark Owner's Rights
Art. 56. Persons Entitled to Lodge Claims Chapter XI MISCELLANEOUS
Art. 57. Provisional Regulations
Art. 58. Proposals to the Government
Art. 59. Entry into Force
Chapter I GENERAL PROVISIONS
Purpose of the Law
Art. 1
This Law shall govern legal protection, registration and use of trademarks and service marks in the Republic of Lithuania, and the maintenance of the Register of Trademarks and Service Marks of the Republic of Lithuania.
Main Definitions of This Law
Art. 2.
1. Trademark and service mark (hereinafter referred to as the "mark") - any sign which purpose is to distinguish the goods of one person from those of another person or the services rendered by one person from the services rendered by another person and which can be represented graphically.
2. Geographical reference - a reference according to which it is possible to establish that the goods have originated from a certain territory or from a certain region or locality in such territory, when the quality, reputation or any other properties of the goods are essentially attributable to the geographical origin of such goods.
3. Geographical origin - a reference according to which it is possible to establish that the goods or services have originated from a certain country, territory, or from a certain region or locality of such territory.
4. Application - entire documentation which must be submitted by he applicant willing to register a mark.
5. Applicant - a natural or legal person, company do not having the rights of legal person, or a group thereof, which have applied for registration of a Mark.
6. Patent Attorney - a legal person entered in the Register of Patent Attorneys of the Republic of Lithuania in accordance with the procedure under the Regulations of Patent Attorneys.
7. Agent - a legal or natural person, also a Patent Attorney, having the powers to act on behalf of the applicant, i.e. register the mark and perform any other acts pertaining to the mark in the State Patent Bureau.
8. Owner of the mark - the owner of a mark protected in the Republic of Lithuania under the procedure established by this Law.
9. International exhibition - an exhibition which is/may be recognized international pursuant to the Convention on International Exhibitions adopted in Paris on November 22, 1928, as revised on November 30, 1972.
10. International mark registration - the registration of a mark with the International Register of the International Bureau (hereinafter referred to as the "International Bureau") of the Worldwide Intellectual Property Organization pursuant to the Madrid Treaty Protocol on International Mark Registration (hereinafter referred t as the "Madrid Protocol") adopted in Madrid on June 27, 1989; ratified by Republic of Lithuania Law No.VIII-204 "On Ratification of the Madrid Treaty Protocol on International Mark Registration", dated April 29, 1997 ("Zin." 1997, No.50-1193).
11. International application - an application for international registration filed with the International Bureau through the State Patent Bureau or any other agency of the country in accordance with the Madrid Protocol.
12. Paris Convention - the Paris Convention on Protection of Industrial Property, dated March 20, 1883, as revised in Stockholm on July 14, 1967 and as supplemented on September 28, 1979; ratified by Republic of Lithuania Law No.I-1349 "On Ratification of the Paris Convention on Protection of Industrial Property", dated May 28, 1996 ("Zin." 1996, No.75-1796).
13. Nice Classification - the international classification of goods and services approved by the Nice Treaty on International Classification of Goods and Services for Registration of Marks, dated June 15, 1957, as revised in Stockholm on July 14, 1967 and in Geneva on May 13, 1977, and as amended in Geneva on October 2, 1979; ratified by Republic of Lithuania Law No.I-1521 "On Ratification the Nice Treaty on International Classification of Goods and Services for Registration of Marks", dated September 17, 1996 ("Zin." 1996, No.92-2147).
14. Community Mark - a mark pending registration with the European Council for Harmonization of Home Market pursuant to the European Council Regulations on Community Trademarks 40/94/EC, dated December 20, 1993.
15. Official Bulletin of the State patent Bureau - a periodical wherein the State Patent Bureau of the Republic of Lithuania is publishing official data on marks in accordance with this Law and Regulations of the Registry of Trademarks and Service Marks of the Republic of Lithuania.
16. Bulletin of International Marks of the International Bureau - a periodical of the International Bureau of the Worldwide Intellectual Property Organization "WIPO Gazette of International Marks" wherein the International Bureau is publishing data on international mark registrations.
Scope of Application
Art.3
1. Provisions of this Law shall apply to each mark intended for the marking of goods and/or services, which mark is the subject of registration or pending registration with the State Patent Bureau of the Republic of Lithuania (hereinafter referred to as the "State Patent Bureau") as an individual or collective mark, or the subject of international mark registration applicable in the Republic of Lithuania.
2. Provisions of this Law shall also be applied to marks recognized as well known marks in the Republic of Lithuania.
3. Provisions of this Law shall apply unless international treaties ratified by the Seimas of the Republic of Lithuania provide otherwise.
4. Legal and natural persons of foreign countries shall exercise any and all rights provided for by this Law and other regal regulations governing the protection of marks.
5. This Law shall not apply to holographic marks as well as audio and smell marks without visual representations.
The Sign Protecting the Mark Owner's Rights
Art. 4
The owner of a mark may inform the public of his rights to the mark by using the sign protecting the mark owner's rights, which sign shall be constituted of letter R in a circle and placed in the right (top or bottom) side of the mark. Chapter II PROTECTION OF MARKS
Signs Capable of Constituting a Mark
Art. 5
In particular, the following signs may constitute a mark:
1) words, personal names, artistic pseudonyms, names, firm names, slogans;
2) letters, numerals;
3) pictures, emblems;
4) three-dimensional forms, including the shape of products and of their packaging and containers;
5) color or combination of colors, arrangement of colors; and
6) any combination of the above mentioned signs.
Absolute Grounds for Refusal
Art. 6
1. A sign shall not be refused to be recognized or registered as a mark, or if it has already been registered, such registration may be recognized as void on any of the following grounds:
1) it is not capable of constituting a mark according to the requirements set forth in Article 5 hereof;
2) it has no distinctive character;
3) it has become a generic name in the current language, in bona fide commercial and other settled activities;
4) it exclusively designates merely the kind (type), quality, quantity, intended purpose, value, geographical origin, time or means of production of the goods (or of rendering of the services), or other characteristics of the goods or services;
5) it is capable of misleading the public, e.g. with respect to the kind (type), quality or geographical origin of the goods and/or services;
6) it is contrary to morality or public order, ethics of society and humanitarian principles;
7) it is constituted merely of the form which is determined by the kind of the goods themselves, or of the form which is necessary to achieve a technical result, or of the form granting special value to the goods;
8) it is constituted of the official or traditional (shortened) State name, State Emblem, Flag of the Republic of Lithuania or other objects which, from the heraldic point of view, are imitations of warrantee marks, hallmarks, stamps (seals), orders, medals and decoration, unless a relevant permit for registration of such mark has been issued by authorized institutions of the Government of the Republic of Lithuania pursuant to established procedures;
9) it is constituted of signs which registration has not been approved by competent bodies of other states or international organizations, and which signs, pursuant to Article 6 of the Paris Convention, have to be refused to be registered or which registration has to be announced as void;
10) it is a sigh of highly symbolic value, especially if it is a religious symbol;
11) it is constituted or inclusive of the geographical reference intended for marking goods which have not originated in the indicated territory if the use of such reference is likely to mislead the public with respect to the true origin of goods;
12) it is constituted or inclusive of the geographical reference intended to mark wines or alcoholic drinks which have not originated from the locality indicated in such geographical reference, even if the true origin of the goods is accurately specified, or if such geographical reference is presented as a translation to another language, or if such geographical reference is used alongside with additional words, such as "rusis" (kind), "tipas" (type), "stilius" (style), "imitacija" (imitation) and the like.
2. Provisions of Item 11 of Part 1 of this Article shall apply to marks with geographical reference which, though accurate about the territory, region or locality from which the goods have originated, gives incorrect information and is capable of misleading the public about the true origin of the goods.
3. A sign may be recognized a mark and its registration may not be announced void in cases provided for in Items 2, 3 and 4 of Part 1 of this Article if before the filing date or in the course of its use the mark has acquired a distinctive character.
Further Grounds for Refusal
Art.7
Registration of marks may be recognized as void if:
1) it is identical to marks registered earlier or pending registration with respect to identical goods and/or services;
2) it is identical or confusingly similar to marks registered earlier or pending registration with respect to the same or similar goods or services when the public is likely to be misled due to confusing associations with the earlier mark;
3) it is identical or confusingly similar to a well known mark recognized in the Republic of Lithuania pursuant to Article 13 hereof, which mark belongs to other legal or natural persons, or to companies do not having the rights of legal person;
4) it is identical or confusingly similar to a firm name or style of such firm belonging to another natural or legal person, company do not having rights of legal person, who has acquired the right in such name or in its stile in the Republic of Lithuania before the filing date or priority date, and to that date the firm had the right to engage in identical or similar activities involving the goods and/or services with respect to which the mark has been registered;
5) it is identical or confusingly similar to the geographical reference protected in the Republic of Lithuania, except for a reference which is included as an unprotected element in a mark to be registered in the name of a person who has the right to use a concrete geographical reference;
6) it is identical or confusingly similar to a protected industrial design or any other object of industrial property, a work of literature, science or art protected by copyright, a name or family name of a known person, artistic pseudonym or portrayal of another person, unless the owner of the said rights or respective successor has given his consent.
2. An earlier mark specified in Items 1 and 2 of Part 1 of this Article shall be:
1) a mark which filing date in the Republic of Lithuania is earlier than the filing date of the mark specified in Part 1 hereof, taking into consideration, if the case may be, granted or pending priority;
2) a mark which filing date in the Republic of Lithuania according to the Madrid Protocol is earlier than the filing date of the mark specified in Part 1 hereof, taking into consideration, if the case may be, granted pending priority;
3) a mark which at the filing date of the mark specified in Part 1 hereof, taking into consideration, if the case may be, granted or pending priority, is recognized a well known mark in the Republic of Lithuania pursuant to Article 13 hereof;
3. Community Marks and such Community Marks which applied for priority under the Regulations for the Community Mark shall be treated as marks specified in Part 2 of this Article, even if registration of a later mark has been revoked or is no longer valid.
4. The registration of a mark may be recognized void if the mark is identical or confusingly similar to an earlier Community Mark and is or may be registered with respect to goods and/or services which are not similar to those bearing registration of an earlier Community Mark if such earlier Community Mark has good reputation in the Community and if use of a later mark without valid establishes dishonest priority and causes damage to a distinctive character or reputation of an earlier Community Mark.
5. The registration of a mark may be announced void if the applicant has dishonestly applied for registration of the mark.
Unprotected Elements of Marks
Art. 8
1. A mark which affords protection upon registration may not consist of elements which may not be registered separately (independently).
2. If a mark contains elements specified in Part 1 of this Article and if there is every reason to believe that the registration of such mark can make doubtful the scope of protection granted by such registration, then such elements by way of expert examination may be recognized unprotected elements of the mark.
3. If mark elements recognized as unprotected ones later become suitable for registration, an application for registration of such elements or a mark with such elements may be filed and no restrictions specified in Part 2 of this Article shall apply.
Priority Rights
Art.9
1. An application may contain a request to grant the priority of one or more earlier applications for the same mark filed in a country which is party to the Paris Convention or party to the Worldwide Trade Organization if the said application is filed by the applicant or his successor with the State Patent Bureau within 6 months as of the filing date of the first application(s).
2. An application may contain a request to grant the priority date on which the goods bearing the mark which is the subject of that application were first exhibited at an official or officially recognized international exhibition if the application was filed with the State Patent Bureau within 6 months as of the date of first display of goods and/or services bearing such mark at the exhibition.
3. An applicant who intends to benefit from the provisions of Parts 1 or 2 of this Article must submit to the State Patent Bureau a certified copy of the first application(s) or a certificate issued by administration of the exhibition at which goods and/or services bearing the mark had first been displayed. Such documents may be submitted together with other documents or within 3 months as of the filing date.
4. If the State Patent Bureau finds that the requirements under Part 3 of this Article have not been fulfilled, the request referred to in Parts 1 and 2 shall be deemed to not have been filed. Chapter III RIGHTS GRANTED BY MARKS
Scope of Protection
Art.10
1. A mark registered in the Republic of Lithuania shall apply only to such goods and/or services which are listed in the registration certificate of the mark.
2. The extension of the list of goods and/or services in the registration certificate may only be made by the owner of the mark through the filing of a new application pursuant to the procedure under this Law.
Rights Granted by a Mark
Art. 11
1. The owner of a registered mark shall have the exclusive right to prevent third parties from using, without his authorization, in their commercial activities of any sign which is:
1) identical to the mark registered in respect of the same goods and/or services;
2) identical or misleadingly similar to the mark registered in respect of identical or similar goods and/or services if due to such identity or similarity the public is likely to confuse them for the reason of possible associations between the sign and the mark.
3) identical or misleadingly similar to the mark registered in respect of not similar goods and/or services if such registered mark has a good reputation in the Republic of Lithuania and if through unlawful use of such sign a dishonest priority is being established, or distinctive characters of such mark are being infringed, or the reputation of such mark is being destroyed.
2. Pursuant to provisions of Part 1 of this Article the owner of a mark may prevent from:
1) affixing such sign to goods and their packages;
2) offering or putting goods bearing such sign on the market or storing them for such purpose, leasing, lending or disposing of them in any other way, offering or rendering services bearing such sign;
3) import or export goods bearing such sign;
4) using such sign in business papers or advertising;
5) manufacturing and possessing specimens of such sign, if the purpose of such activities is to do any of the acts referred to in Items 1) to 4) above.
3. At least the following uses of a sign shall be considered to be the uses that jeopardize the distinctive character of a mark:
1) using the sign as a firm name or as the style of such firm, where such use, due to similarity between such sign and the mark or goods and/or services bearing such mark, is likely to mislead the public;
2) reproducing or referring to the sign in publications or in any other mass media in a way that conveys the impression that such mark has become the generic name of particular goods and/or services.
Restrictions Pertaining to the Rights Granted by Marks
Art.12
1. Provisions of Article 11 hereof shall not grant the owner of a mark the rights to prevent other persons from using in their commercial activities:
1) his name, family name and/or address;
2) indications concerning the kind, quantity, quality, intended purpose, value, geographical origin, the time of production of goods and/or the time of rendering services and other characters of goods and/or services;
3) the mark where it is necessary to indicate the intended purpose of goods and/or services, in particular as accessories or spare parts;
4) the mark in comparative advertising, where such advertising is permitted.
2. Provisions of Part 1 of this Article may be applicable provided such cases of use are made according to bona fide intention in industry and commerce.
Protection of well-known marks
Art.13
1. A mark recognized as a well-known mark shall be subject to protection even if unregistered.
2. A mark shall be recognized a well-known mark through court procedures.
3. A mark may be recognized a well-known mark in the Republic of Lithuania if it is known to a relevant group of society of the Republic of Lithuania, such knowledge to be determined based on information obtained as a result of use or advertising of the mark.
4. The owner of a mark that has been recognized a well-known mark shall, in addition to the rights set forth in Article 11 hereof, have the right to prohibit other persons from using in commerce, without his consent, of any mark that is related to the reproduction, imitation or translation of the well-known mark and may be misleading when used to identify the goods that are identical and/or similar to the goods for which the well-known mark is used.
5. The owner of a registered mark that has been recognized a well-known mark shall, in addition to the rights set forth in Article 11 hereof, have the right to prohibit other persons from using in commerce, without his consent, of any mark that is related to the reproduction, imitation or translation of the well-known mark and may be misleading when used to identify the goods that are not identical and/or similar to the goods for which the well-known mark is used, provided that such use of the mark with respect to said goods indicates a connection between said goods and/or services and the owner of the registered well-known mark and, as a result of such use, the rights of the owner of the registered well-known mark may be infringed.
Limitation the Rights Granted by Marks
Art.14
1. A mark shall not grant its owner the right to prevent other persons from placing such mark on goods which have been marked and put on the market of the Republic of Lithuania by the owner of the mark himself or at his consent.
2. Provisions of Part 1 of this Article shall not apply upon occurrence of legal valid reasons preventing the owner of the mark from giving his consent with respect to further commercialization of the goods, particularly if the putting of said goods on the market resulted in aggravation or change of their quality.
Registration of Marks in the Name of the Agent without a Consent of the Owner of the Mark
Art.15
1. The owner of the mark shall have the right to dispute and claim annulment or re-registration of the mark to his benefit if the agent or any other person applied, without a consent of the owner of the mark, for registration of the mark in the name of the applicant unless such applicant produced evidence justifying his act.
2. The owner of a mark taking into consideration the terms and conditions specified in Part 1 of this Article shall have the right to lodge a claim the court involving the use of his mark by his agent or another person unless the owner has given a relevant consent.
3. The owner of the a mark may exercise the rights specified in Parts 1 and 2 of this Article no later than within 3 years as of the date when he became or should have become aware about the registration of such mark.
Reproduction of Marks in Dictionaries and Other Similar Publications
Art.16
1. At the request of the owner of the mark, authors, publishers or editors shall have to ensure that in encyclopedias, books, dictionaries and similar publications, the mark be reproduced with the reference that it is a registered mark.
2. If either party fails to comply with provisions set forth in Part 1 of this Article, such party must indemnify for any reasonable losses incurred through printing or replacement of such information. Chapter IV TRANSFER, LICENSING AND PLEDGE OF MARKS
Transfer of Marks
Art. 17
1. The rights to a registered or pending registration mark may be transferred (in whole or in part) based on a relevant agreement with or without transfer of business. The rights to a mark shall be transferred together with the company unless the agreement provides otherwise.
2. The transfer of a mark may cover one, several or all the goods and/or services to which such mark is applied.
3. The transfer of a mark shall have no effect if the transfer has not been registered pursuant to the procedure established by Article 37 hereof.
4. The transfer of mark shall take effect as of entry date and the data on such transfer shall be published in the Official Bulletin of the State Patent Bureau.
Licensing of Marks
Art. 18.
1. A mark may be the subject of an exclusive or non-exclusive voluntary license granted by its owner for some or all goods and/or services with respect to which it is registered either throughout the territory of the Republic of Lithuania or in any region thereof.
2. At the request of either party of the license contract, such contract shall be entered in the Register of Trademarks and Service Marks of the Republic of Lithuania if the state Patent Bureau is provided with the following documents:
1) application for registration of the license contract;
2) one copy of the license contract or of an excerpt from such license contract signed by both parties;
3) documents confirming that the fixed fee has been paid;
4) Power of Attorney issued to the agent (if any);
3. The license contract or the excerpt from the license contract shall contain the following:
1) title/full name, address/registered office of the owner of the mark;
2) title/full name, address/registered office of the licensee;
3) registration number of the mark for which use the license is being granted;
4) type of license;
5) reference to goods and/or services with respect to which the license is being granted;
6) duration of the license;
7) territory wherein the license may be applicable;
8) conditions for the use of the mark;
9) rights and duties of the parties in case of infringement of the mark.
4. Within 1 month as of the date of receipt of the documents specified in part 2 of this Article the Sate Patent Bureau shall examine such documents and, if the documents comply with the requirements of this Article, file the data on the conclusion of the license contract with the Registry of Trademarks and Service Marks.
5. The license contract shall not be valid if is has not been entered in the Register of Trademarks and Service Marks.
6. The license contract shall take effect as of the date of entry in the Register of Trademarks and Service Marks, and the data on registration of such license contract shall be published in the Official Bulletin of the State Patent Bureau.
7. The owner of the mark may use of the rights granted by the mark against the licensee (hereinafter referred to as the "licensee"), who fails to comply with terms and conditions of the license contract pertaining to its duration, form of using the registered mark, goods and/or services with respect to which the license has been granted, scope, area wherein the mark may be used, or pertaining to the quality of goods manufactured or services rendered by the licensee.
8. Provisions of Part 1-7 of this Article shall also apply if a sub-license contract is to be made.
Pledge of Marks
Art. 19
1. Marks may be pledged pursuant to the procedure established by Republic of Lithuania Law on the Pledge of Movable Property No. VIII-230 ("Zin." 1997, No.117-3008; 1998, No. 31-821).
2. At the request of the owner of a mark, his agent or other interested persons, the state Patent Bureau shall enter the data on the pledge of the mark in the Register of Trademarks and Service Marks and publish such data in the Official Bulletin. Chapter V VALIDITY OF MARKS
Term
Art.20
The initial term of marks shall be 10 years as of the filing date.
Renewal of the Term of Marks
Art.21
1. Upon expiration of the term specified in Article 20 hereof, the term of registered marks may be renewed with respect to some or all goods and/or services for additional 10-year periods.
2. The term of marks shall be renewed provided the following documents are submitted to the State Patent Bureau:
1) a request to renew the term of the registered mark with respect to several or all goods and/or services;
2) a document evidencing that the fixed fee has been paid.
3. The documents specified in Part 2 of this Article shall be submitted by the owner of the mark or his agent no later than within the last effective year of the term of the mark. It is not required of the State Patent Bureau to send notices urging the owner of the mark or his agent to effect payment of the renewal fee.
4. Upon payment of the premium which makes 50 per cent of the renewal fee, the owner of the mark or his agent may apply for renewal of the term of the mark within 6 months as of the date of expiration thereof.
5. The data on renewal of the term of marks shall be entered in the Register of Trademarks and Service Marks and published in the Official Bulletin.
6. Upon failure by the owner of the mark or his agent to effect payment of the fixed fee within the term prescribed in Parts 3-4 of this Article, such mark shall be crossed out of the Register of Trademarks and Service Marks pursuant to the procedure established in Article 38 hereof. Chapter VI REGISTRATION OF MARKS
Filing of an Application
Art.22
1. An applicant willing to register the mark shall file an application with the State Patent Bureau.
2. An application, in the name of the applicant, may be filed by his agent. Legal and natural persons of foreign countries without a permanent residence or registered office of an operating industrial or commercial company in the territory of the Republic of Lithuania shall file applications with the State Patent Bureau and shall perform any and all other acts pertaining to mark registration through a Patent Attorney of the Republic of Lithuania.
3. An application shall relate to one mark only.
4. The application for mark registration shall contain:
1) a request for a registration certificate. The request shall be signed by the applicant or his agent.
2) a representation and description of the mark applied for;
3) the list of the goods and/or services with respect to which the registration is sought, grouped according to the Nice Classification applicable on the filing date;
4) a document evidencing that the fee has been paid;
5) Power of Attorney issued by the applicant, if the application is being filed by an authorized person;
6) where applicable, an indication evidencing that the mark applied for is three-dimensional;
7) where applicable, an indication evidencing that color, combination or arrangement of colors is claimed as a distinctive feature of the mark;
8) where applicable, an indication evidencing that the mark applied for is a collective mark, together with relevant regulations relating to the use of such collective mark.
9) where applicable, a request for priority;
10) where applicable, an indication that the mark is to be registered and published in standard letters of the State Paten Bureau;
11) where applicable, transliteration of the mark or parts of the mark, and translation into the Lithuanian language;
12) where applicable, a permit issued by competent institutions pursuant to Items 8-9 of Article 6 hereof.
13) where applicable, a consent of the owner of rights pursuant to Item 6 of Part 1 of Article 7 hereof.
5. An applicant may apply for registration of a mark with respect to one or several classes of goods and/or services. An additional fee shall be paid for more than one class of goods and/or services indicated in the application.
Requirements for an Application and Other Documents to Be Submitted to the State Patent Bureau
Art.23
1. An application and other documents to be submitted to the State Patent Bureau shall be in the Lithuanian language. Upon submission of the documents, except for an application for a registration certificate, in any other than the Sate language, an applicant, owner of the mark or his agent must within 3 months as of such application date provide a translation of such document into the Lithuanian language.
2. A Power of Attorney may be made in as simple written form and has to comply with the requirements approved by the State Patent Bureau. Upon the failure to submit the Power of Attorney together with the documents stipulated in Items 1-4 of part 4 of Article 22 hereof, it may be submitted within 3 months as of the filing date.
3. The documents to be submitted to the State Patent Bureau need not be legalized.
4. Concrete requirements for an application and other related documents shall be established by the State Patent Bureau through issuance of special rules approved by the Executive Order of the Director.
5. A document shall be deemed to be not submitted and an act shall be deemed to be not performed if the applicant, owner of the mark or his agent fail to submit or property execute such documents within the fixed terms.
Terms
Art.24
1. The terms stipulated in Part 1 of Article 23, Parts 5-6 of Article 27, Part 3 of Article 28, Part 1 of Article 29, Part 1 of Article 31 and Part 4 of Article 32 may be once extended not to exceed 2 months as of the expiration date of the first term, upon a written applicant's or his agent's request and upon payment of a fixed additional fee.
2. A request for extension shall be filed and the fixed fee shall be paid prior to the expiration date of the first term.
3. If an applicant exceeds the terms under Part 1 of Article 31, the terms may be renewed upon submission of the following documents:
1) a motivated request to renew the terms;
2) documents giving valid reasons for the failure to meet the terms;
3) a document justifying that the fixed fee has been paid;
4. The terms stipulated in Part 3 of this Article shall be renewed by the decision of the Director of the State Patent Bureau.
5. The refusal to renew the term may be referred to the court pursuant to the procedure established by laws.
Fees
Art.25
1. Filing of an application and other acts hereunder shall be subject to payment of fixed fees.
2. The size of the fees, concrete acts for which such fees have to be paid, the payment procedure shall be established by this Law and other legal regulations of the Republic of Lithuania.
Filing Date
Art.26
1. The filing date shall be deemed to be the date when the State Patent Bureau receives all documents stipulated in Item 1-4 of Part 4 of Article 22 hereof.
2. Upon the failure to submit at least one of the documents under Item 1-4 of Part 4 of Article 22 hereof the application shall not be granted the filing date, and together with the other documents it shall be returned to the applicant specifying the motives for such refusal.
Expert Examination of an Application
Art.27
1. A formal expert examination of an application shall be performed by the State Patent Bureau within one month after receipt of the application. The State patent Bureau shall examine if all documents under Item 1-4 of Part 4 of Article 22 hereof have been submitted and duly executed.
2. If all the documents under Item 1-4 of Part 4 of Article 22 hereof have been submitted and duly executed, the State Patent Bureau shall accept the application and grant a filing date and number.
3. Upon performance of acts provided for in Part 2 of this Article, the State Patent Bureau shall address to the applicant or his agent a notification of acceptance of the application. That notification shall indicate the filing date and number
4.Upon receipt of an application an expert of the State Patent Bureau (hereinafter referred to as the "expert") shall examine if all documents under Part 4 of Article 22 hereof have been submitted, if they comply with the requirements and rules hereunder, if goods and/or services, with respect to which the mark is applied for registration, comply with the requirements of Nice Classification.
5. If the expert finds out that not all documents under Part 4 of Article 22 hereof have been submitted or that they fail to comply with the requirements and rules hereunder, it shall in writing notify the applicant or his agent of the shortcomings and necessary amendments. If the application is not amended within three months from the date of such notification, it shall be considered by the expert as not to have been filed and the applicant or his agent shall be notified accordingly.
6. If the expert finds out that the goods and/or services fail to comply with the Nice Classification, it shall in writing notify the applicant or his agent of the shortcomings and necessary amendments. If the shortcomings are not amended within three months from the date of such notification, or if the applicant or his agent do not agree with such expert's decision, the expert shall reject the application (in whole or in part, i.e. with respect to those goods and/or services which were the object of disagreement) and shall in writing notify the applicant or his agent to that effect.
Expert Examination of Marks
Art.28
1. After determining that the application complies with the requirements under Article 27, the expert shall examine whether the mark as the subject of the application meets the requirements under Article 6 hereof.
2. Where the mark fails to meet the requirements of Article 6 hereof, the expert shall decide not to register the mark (in whole or in part). Such decision, with the grounds and motives for such refusal, shall be sent to the applicant or his agent no later than within 10 days as of the date of adoption of such decision.
3. The applicant or his agent shall have the right, within three months from the date of adoption of such decision, to apply in writing to the State Patent Bureau for re-examination.
4. Upon the receipt of the request for re-examination and after consideration of presented arguments, the expert shall re-examine the application and take one of the following decisions:
1) to leave the earlier decision in force;
2) to recognize the earlier decision void (in whole or in part) and to take a new decision to register the mark with respect to some or all goods and/or services.
5. The expert shall send the adopted decision to the applicant or his agent no later than within 10 days as of the date of adoption thereof.
Appeals
Art.29
1. If an applicant or his agent disagree with the decision of the expert following re-examination of the application, he shall have the right, within three months from the date of adoption of a relevant decision, to lodge to the Section of Appeals of the State Patent Bureau (hereinafter referred to as the "Section of Appeals") an appeal requesting to re-examine the said decision, and the document confirming that the fixed fee is paid.
2. After the hearing of the appeal, the Section of Appeals shall adopt one of the following decisions:
1) to dismiss the appeal and to leave the earlier decision of the expert in full force;
2) to satisfy the appeal (in whole or in part) and to adopt a decision to register the mark with respect to some or all goods and/or services.
3. The decision adopted by the Section of Appeals shall take effect as of the date of adoption thereof.
4. If the appeal is dismissed (in whole or in part) by the Section of Appeals, the applicant or his agent shall have the right, within 6 months from the date of adoption of the decision, to appeal against the said decision before the Court, as prescribed by laws.
Registration of Marks
Art.30
1. If the expert determines that the mark meets the requirements under Article 6 hereof, it shall take a decision to register such mark and, no later than within 10 days as of the date of adoption thereof0, shall send to the applicant or his agent such decision with a direction to pay a fixed fee.
2. If the appeal is satisfied (in whole or in part) under the procedure established by Article 29 hereof, the expert shall then act pursuant to the procedure prescribed by Part 1 of this Article.
3. Upon submission by the applicant or his agent of documents evidencing that the fee is paid, the mark shall be entered in the Register of Trademarks and Service Marks.
Withdrawal of an Application
Art.31
1. If an applicant or his agent fails to pay the fee within 6 months as of the date of adoption of the decision to register the mark, the application by decision of the expert shall be recognized revoked.
2. The expert shall, no later than within 10 days as of the decision to recognize the application revoked, send the decision to the applicant or his agent.
3. An applicant or his agent shall have the initiative to withdraw his application or to limit the list of goods and/or services there in any state of expert examination.
Protest against Marks
Art.32
1. Pursuant to Articles 6-7 hereof, the interested persons within 3 months as of the date of publication of the registered mark in the Official Bulletin may protest the registration of such mark by lodging a grounded written protest to the Section of Appeals.
2. A fixed fee has to be paid for the lodging of a protest.
3. No later than within 14 days as of the date of lodging the protest the Section of Appeals shall decide the question of the acceptance of the protest. If the protest is lodged following the procedure established herein, the Section of Appeals shall accept the protest and send to the owner of the mark or his agent one copy of such protest.
4. Within 3 months as of the day the protest was lodged, the owner of the mark, against which the protest has been lodged, or his agent must provide a grounded response to such protest.
A failure to provide a grounded response shall be treated as the refusal to participate at the hearing of the protest and shall not prevent from hearing thereof by the Section of Appeals without participation of the owner of the mark or his agent.
5. After hearing the protest, the Section of Appeals shall adopt one of the following decisions:
1) to dismiss the protest and to leave the registered mark in full force and effect;
2) to satisfy the protest (in whole or in part) and to adopt a decision to recognize the registered mark void with respect to some or all goods and/or services.
6. If the owner of the mark, or his agent, or a person who has lodged the protest or his representative do not participate at the hearing, notifications about adopted decisions shall be sent to them within 1 month as of the date of adoption thereof.
7. The decision of the Section of Appeals shall take effect as of the date of adoption thereof.
8. Pursuant to the procedure hereunder, appeals against decisions of the Section of Appeals may be made to the Vilnius Regional Court within 6 months as of the date of adoption of such decisions.
9. Shortened versions of decisions of the Section of Appeals shall be published in the Official Bulletin.
The Procedure for the Hearing of Appeals and Protests in the State Patent Bureau
Art.33
1. In the State Patent Bureau, a Commission of Appeals consisting of 3 persons shall be formed for the hearing of each appeal or protest. An expert who heard an application with respect to the lodged appeal or protest may not be a member of such Commission. The Chairman of the Commission of Appeals shall be a representative of the Section of Appeals having higher education in law.
2. Sittings of the Section of Appeals during which appeals and protests are to be heard shall be public.
3. The applicant, interested persons, owner of the mark against which the protest has been lodged, or representatives of such persons shall have the right to participate at a respective sitting of the Section of Appeals.
4. The procedure for the hearing of appeals and protests shall be established by the Rules for Hearing Appeals and Protests approved by Executive Order of the Director of the State Patent Bureau.
Registration Certificate
Art.34
1. The State Patent Bureau shall issue to the owner of the registered mark or his agent a registration certificate if no protest has been lodged pursuant to the procedure under Parts 1-3 of Article 32 hereof, or if such protest has been dismissed or only partly satisfied. If the owner of the mark or his agent fails to take the registration certificate within 1 month as of the date issuance thereof, such registration certificate shall be sent by mail.
2. The form and information to be recorded in a registration certificate shall be established by the State Patent Bureau.
3. A registration certificate of a Mark shall be a legal document evidencing the registration of the mark with the Register of Trademarks and Service Marks and exclusive rights of the owner of the registered mark.
4. If a registration certificate is lost, the owner of the mark shall be issued a duplicate.
Register of Trademarks and Service Marks of the Republic of Lithuania.
Art.35
1. The Register of Trademarks and Service Marks of the Republic of Lithuania shall be a State register maintained by the State Patent Bureau.
2. The procedure for compilation, accumulation, management, storage and use of documentation and information pertaining to marks shall be established by the Regulations of such Register.
Data Contained in the Register of Trademarks and Service Marks
Art.36
1. The Register of Trademarks and Service Marks shall register and accumulate the following data:
1) representation of the mark;
2) list of goods and/or services, in respect of which the mark has been registered, grouped according to the Nice Classification applicable at the filing date;
3) filing date and number;
4) registration date and number;
5) title/full name and address/registered office of the applicant;
6) title/full name and address/registered office of the owner of the mark;
7) expiration date of registration;
8) priority date, number of first application, country code (if priority has been granted under Part 1 of Article 9 hereof);
9) name and opening date of the exhibition (if priority has been granted under Part 2 of Article 9 hereof);
10) full name, address of the agent, if any;
11) special indications, if the mark is a collective mark, a three- dimensional mark or if color is claimed as a distinctive feature of the mark;
12) any other data pertaining to registration, use and protection of the mark;
13) grounds for amendments of data and the date.
2. All natural and legal persons of the Republic of Lithuania shall have the right to use the data contained in the Register of Trademarks and Service Marks pursuant to the procedure established by the Regulations of such Register.
3. Upon request by any persons having paid the prescribed fee, the State Patent Bureau shall issue excerpts from the Register of Trademarks and Service Marks.
Registration of Amendments to Applications and to the Register of Trademarks and Service Marks.
Art.37
1. The owner of a mark must notify the State Patent Bureau of the following changes:
1) change in the title/name/family name or address/registered office of the applicant or owner of the mark;
2) change in the agent of the applicant/owner of the mark or in address/registered office of such agent;
3) change in the representation of the registered or pending registration mark, where the State Patent Bureau considers that such change does not relate to the distinctive character of the mark;
4) limitation of the list of goods and/or services;
5) change, in whole or in part, in the ownership of the mark;
6) technical errors have to be corrected.
2. An applicant, owner of the mark or respective agents applying for changes in applications or in the Register of Trademarks and Service Marks have to submit the following documents:
1) a request to make changes in the application or in the Register of Trademarks and Service Marks;
2) documents evidencing the necessity of such changes, where changes specified under Items 1-2 of Part 1 of this Article are to be made;
3) a document evidencing that the fixed fee is paid.
3. The State Patent Bureau shall, within 1 month as of the receipt of the documents under Part 2 of this Article, examine such documents and enter the changes in the application and in the Register of Trademarks and Service Marks unless the provided documents fail to comply with the requirements hereunder or the Rules approved by the Executive Order of the Director of the State Patent Bureau.
4. Changes shall take effect as of the date of entry. Changes made to the Register of Trademarks and Service Marks shall be published in the Official Bulletin.
5. Technical errors made by the State Patent Bureau shall be corrected without any fee.
Cancellation of Registration
Art.38
1. A mark shall be removed from the Register of Trademarks and Service Marks on the following grounds:
1) recognition of registration as void by the Section of Appeals pursuant to the procedure under Article 32 hereof;
2) revocation or recognition of registration as void by court decision;
3) failure to renew the mark under procedure stipulated in Article 21 hereof;
4) relevant request of the owner of the mark;
2. The State patent Bureau shall cross out the mark from the Register of Trademarks and Service Marks upon receipt one of the following documents:
1) final decision of the court to recognize registration of the mark as void or to revoke it;
2) written request of the owner of the mark;
3) Upon decision of the Section of Appeals to recognize the registration void or upon the failure to renew the term of the mark pursuant to he procedure under Article 21 hereof, the mark shall be crossed off the Register of Trademarks and Service Marks at the initiative of the State Patent Bureau.
4) The data on removal from the Register shall be published in the Official Bulletin. Chapter VII COLLECTIVE MARKS
Right to Collective Marks
Art.39
1. A union (association) of natural or legal persons or any other voluntary collective organization shall have the right to file an application for the registration of a collective mark.
2. All provision hereunder shall apply to a collective mark, except for Articles 17 and 18 hereof.
Registration and Use of a Collective Mark
Art.40
1. A collective mark shall be registered if the regulations for the use of such mark including the following data are provided:
1) title and registered office of the association or other voluntary collective organization in the name of which the application for the registration of the collective mark has been produced;
2) purposes and representation procedures of the association or other voluntary collective organization;
3) membership conditions;
4) information about the group of persons having the right to use the collective mark;
5) using conditions of the collective mark;
6) rights and duties of the parties in case of infringements of the collective mark.
2. A collective mark may be transferred only upon consent of all natural or legal persons who are members of the collective group holding registration of the collective mark.
3. Signs and indications which may serve in trade as an indication of geographical origin of goods and/or services may constitute a collective mark. However, such mark does not grant the owner thereof the right to prevent any third party, having the right to use the name of such geographical locality, from using such signs or indications in trade provided it is based on bona fide intentions in industrial and commercial activities.
4. A collective mark shall be deemed to be usable if it is used by at least one member of the collective group.
5. A person who has the right to use a collective mark may lodge a claim to the court regarding mark infringements only upon receipt of a relevant consent of the owner of such mark unless the regulations for the use of such mark provide otherwise.
6. The owner of a collective mark shall notify the State Patent Bureau of any amendments and supplements made to the regulations for the use of the collective mark.
7. The State Patent Bureau shall refuse to register a collective mark if the regulations for the use of such mark fail to comply with the requirements under Part 1 of this Article or if they contradict to the public order or common principles of ethics. Upon correction of errors, regulations for the use of the collective mark may be registered pursuant to the procedures hereunder.
8. Interested persons, having filed a request and paid a fixed fee, may get acquainted at the State Patent Bureau with the regulations for the use of a collective mark. Chapter VIII INTERNATIONAL REGISTRATION OF MARKS
Validity of International Registration of Marks
Art.41
1. The State Patent Bureau in the Republic of Lithuania shall be an agency of the country of origin and an agency of the indicated country under the Madrid Convention.
2. The filing of an international application, further territorial extension and other cases provided in the General Rules of the Madrid Convention on International Registration of Marks and Relating Protocol (hereinafter referred to as the "General Rules") shall be subject to payment of fees directly to the International Bureau.
3. As of the date of international registration indicating the Republic of Lithuania or as of the further date of territorial extension, the international registration shall have the rights equivalent to those granted to the mark by the registration under provisions hereof.
4. The date and number of international registration shall enter the Register of Trademarks and Service Marks of the Republic of Lithuania.
Filing of an International Application Based on the Application or Registration in the Republic of Lithuania
Art.42
1. An applicant or owner of a mark, which complies with the requirements under Item (i) of Part 1 of Article 2 of the Madrid Protocol, shall apply for international registration through the State Patent Bureau. Documents regarding international registration shall be submitted in the English language.
2. An international application may include a request for priority under the provisions of the Paris Convention.
3. An international application has to comply with the form and requirements of the Madrid Protocol and General Rules.
4. The procedure for the hearing of an international application in the State Patent Bureau shall be established by the Procedure for Implementation of the Madrid Protocol approved by the Director of the State Patent Bureau.
Invalidity of International Registration
Art.43
1. If international registration fails to comply with the requirements under Article 6 hereof or if a protest has been lodged against such registration pursuant to the procedures hereunder, the State Patent Bureau shall, under the terms established by the Madrid Protocol, notify the International Bureau of impossibility (in whole or in part) to provide protection to such mark in the Republic of Lithuania.
2. International registration shall become invalid as of the date of recognition of invalidity thereof in the Republic of Lithuania.
3. If international registration is revoked at the request of the agency of the country of origin or if the country ceases to be a party to the Madrid Protocol, the owner of such mark may apply for registration in the Republic of Lithuania under the procedures hereunder.
4. An application under Part 3 of this Article shall exercise the same protection as the international registration as of the filing date of the application for international registration or as of the date of further extension if the application:
1) is filed within three months as of the end of international registration on the grounds under Part 3 of this Article;
2) does not include other goods and/or services than those listed in international registration;
3) complies with the requirements hereunder and if the applicant pays fixed fees.
Prohibition of Double Protection
Art.44
1. On the initiative of the owner of the mark, the mark registered in the Republic of Lithuania is also the subject of international registration, the international registration may substitute the registration applicable in the Republic of Lithuania if:
1) the Republic of Lithuania is indicated as initial or further extension;
2) goods and/or services under national registration concur with those under international registration;
3) the Republic of Lithuania was indicated in international registration later compared with filing an application with the State Patent Bureau for national registration.
2. At the request of the owner of the mark the State Patent Bureau shall record the data on the change of national registration for international one.
Special Provisions Applicable to International Registration
Art.45
1. If the owner of international registration disagree with the decision of the expert to refuse to provide protection through non-compliance of the mark with the requirements under Article 6 hereof, the owner shall have the right within 5 months as of date of such decision to apply for re-examination. Upon the failure to apply within set time limits, the expert's decision shall be deemed to be final.
2. If the owner of international registration disagree with the results of re-examination issued by the expert, the owner shall have the right within 5 months as of the date of such decision to lodge an appeal to the Section of Appeals pursuant to the procedure under Article 29 hereof.
3. Interested persons or their agents may lodge a protest against international registration within 3 months as of the date of publishing the data on the international registration in the Bulletin for International Registration of the International Bureau. Protests have to comply with the requirements under Parts 1 and 2 of Article 33 hereof.
4. The owner (or his agent) of the international registration against which a protest has been lodged, within 5 months as of the date of lodging the protest, must provide a grounded response to the protest.
5. A license granted by the owner of international registration shall have effect provided it is registered pursuant to the procedure under Article 18 hereof.
6. The extension of the term of international registration and other related issues not touched upon herein shall be governed by the Madrid Protocol and rules for implementation thereof. Chapter IX RECOGNITION OF REGISTRATION AS VOID AND REVOCATION
Recognition of Registration as Null and Void
Art.46
1. At the request of any interested person the court based on the fact that the mark does not comply with provisions of Articles 6 and 7 hereof, may recognize the registration void.
2. Upon adoption of the decision to recognize the registration void, the court shall send a copy of the final decision to the State Patent Bureau for cancellation of the registration of the mark pursuant to procedure under Article 38 hereof.
3. The registration may not be recognized void on the ground that there exits the earlier mark, which causes conflict, not complying with the requirements under Part 2 of Article 47 hereof.
4. The registration may not be recognized void, or revoked if the owner of the earlier registered mark has been for five years tolerating the use of the later mark, justified by a bona fide application, except for the cases where coexistence of such marks is likely to mislead the public or to contradict public order.
5. Upon recognition of registration void or upon revocation thereof, the registration certificate shall also lose its effect.
Revocation of Registration
Art.47
1. At the request of any interested person the court may revoke registration of a mark on the following grounds occurring after the registration date of the mark:
1) as a result of the owner's activities or insufficient activity thereof, the mark (in commercial or business areas wherein the trade in such goods and/or provision of such services is carried on) has become a generic name, or the mark was treated so by others;
2) the mark was used by the owner of the mark (or by his consent) for marking the goods and/or services, with respect to which the mark was registered, in such manner that it could mislead the public regarding the origin, quality or geographical origin of such goods and/or services;
2. The registration may be revoked if within five years as of the date of issuance of the registration certificate the owner of the mark in the Republic of Lithuania did not start or did not take any serious intention of using the mark, or if the mark has not been used for five years in turn, except for the failure to use for valid reasons, e.g. import restrictions or other circumstances occurring beyond the owner's control and hindering the use of the mark.
3. The following use of the mark shall also be deemed to be the use under Part 2 of this Article:
1) the use of a mark in a form where the mark has different elements, though distinctive characters are retained;
2) the use of the mark for goods or their packaging in the Republic of Lithuania exclusively for the purposes of exportation;
4. A mark shall be deemed to be used by the owner if it is used by another person with the owner's permission.
5. No one may claim revocation of registration on the grounds under Part 1 of this Article if in the period between the expiration of the five-year term of non-use and the filing date of a request with the court regarding the revocation of the registration, the use of the Mark has actually been started or renewed, except for the case under Part 6 of this Article.
6. A decision regarding revocation of registration shall be adopted based on the following circumstances:
1) the use of the mark has been started or renewed within three months as of the filling date of the request with the court for the revocation of the registration; or
2) the use of the mark has been started immediately after the expiration of the five-year term of non-use; or
3) the owner started using the mark or renewed the use thereof when he became aware of a possibility or fact of the filing of a request with the court regarding revocation of the registration.
7. Upon revocation of registration on the grounds under this Article, the revocation of registration shall take effect as of the date of the final decision of the court.
Refusal to Register a Mark, Revocation or Recognition of Registration as Void with Respect to Certain Goods and/or Services
Art.48
Where the cases (referred to in this Law) regarding the refusal to register, the cancellation or recognition of registration void touch upon some goods and/or services, with respect to which the mark was registered, such refusal, cancellation or recognition of registration as void shall apply only to said goods and/or services.
Right to Register a Mark, which Validity is Terminated
Art.49
Where the validity of a mark is terminated either because of voluntary abandonment by its owner or lack of renewal, the same mark may be the subject to a new application in the Republic of Lithuania pursuant to the procedure hereunder:
1) by the former owner of the mark at any time after the date on which the registration of the mark ceased to be in force, unless a new application has been filed by another person in accordance with Item 2) of this Article;
2) by another person after a period of two years following the date on which the registration ceased to be in force. Chapter X HEARING OF DISPUTES. ENFORCEMENT OF RIGHTS
Institutions for the Hearing of Disputes
Art.50
1. The Section of Appeals of the State Patent Bureau shall hear the disputes referred to in Article 32 hereof.
2. The Vilnius Regional Court shall hear the disputes regarding:
1) decisions of the Section of Appeals of the State Patent Bureau adopted pursuant to the procedure under Article 32 hereof;
2) recognition of registration as void;
3) cancellation of registration;
4) enforcement of the rights of a mark owner;
5) recognition of a mark as a well known mark in the Republic of Lithuania.
Enforcement of Rights
Art.51
Seeking to enforce his rights, the owner of a mark shall have the right to refer to the court pursuant to the procedure hereunder, and the court may adopt a decision regarding:
1) recognition of rights;
2) obligation to terminate any acts the performance or the likely performance of which may infringe the rights referred to in Article 11 hereof;
3) indemnification for damages and losses (including moral damage) incurred by the owner of the mark through acts that infringed the rights specified in Article 11, including not earned income and other expenses incurred;
4) payment of compensation;
5) re-establishment of the situation that existed before the infringement;
6) seizure or, in case of need, destruction of illegally used marks, tools and equipment that were used in the production of such marks and the goods, in the absence of the possibility to remove illegal marks from such goods, as well as the tools and equipment used in connection with any infringement of rights referred to hereunder.
Indemnification for Losses and Material Damage. Compensation
Art.52
1. The procedure for indemnification of losses and material damage shall be governed by the Civil Code of the Republic of Lithuania and this Law.
2. In order to assess the amount of losses, the courts shall take into consideration the essence of the infringement, the level of damage, income that has not been earned by the owner of the mark and other expenses. At the request of the owner, illegally marked goods may be transferred to him.
3. Instead of recovery of damages, the owner of a mark may claim for compensation which amount shall be calculated from the legal selling price of respective goods and/or services and which amount may reach 200 per cent, or in case of deliberate acts by the infringer - 300 per cent.
Acts of the Customs to Enforce the Rights of the Owner of a Registered Mark
Art.53
The rights of the owner of a mark or licensee, in the event of transportation across the border of the Republic of Lithuania of goods bearing a mark which is considered by the said owner or licensee as infringing their rights in the Republic of Lithuania, shall be enforced pursuant to the laws of the Republic of Lithuania governing the measures to be taken by the Customs in view of protection of intellectual and industrial property.
Responsibility of the Owner of a Mark to Compensate for the Losses Incurred in View of Groundless Claims
Art.54
1. The plaintiff shall be held liable for compensating the defendant the losses incurred in view of his groundless claims. The plaintiff shall also be held liable for covering the expenses incurred through warehousing of goods that were groundlessly detained by the Customs.
2. If the claim is satisfied, the defendant shall indemnify the Customs for warehousing expenses.
Criminal Liability for Infringements of the Mark Owner's Rights
Art.55
Criminal liability for infringement of a mark owner's rights shall be established by the Criminal Code of the Republic of Lithuania.
Persons Entitled to Lodge Claims
Art.56
1. The owner of a mark shall have the right to lodge claims regarding infringement of his rights to marks. However, upon the failure by the owner of the mark to use such rights, a relevant claim may be lodged by the licensee, unless the license contract provides for otherwise.
2. Either party to the license contract shall have the right to take part in the court proceedings regarding infringement of rights to a mark initiated by another party and to receive compensation for damages. Chapter XI MISCELLANEOUS
Provisional Regulations
Art.57
1. Marks which applications for registration have been filed before the enforcement date of this Law shall be registered pursuant to Republic of Lithuania Law on Trademarks and Services Marks No. I-173, dated June 3,1993 ("Zin." 1993, No.21-507; 1994, No.89-1722; 1997, No. 108-2733)
2. Provisions of Part 3 and 4 of Article 7 hereof shall apply to the Community Marks which applications for registration have been filed with the European Council for Harmonization of Home Market after the date of entry of the Republic of Lithuania into the European Union taking into consideration, where applicable, a granted or requested priority.
3. When Lithuania becomes a member of the European Union, the market of the Republic of Lithuania, as stipulated in Part 1 of Article 14 hereof, shall be changed for the European Market.
4. The rights of owners of marks registered before the enforcement date of this Law shall be enforced pursuant to the provisions hereunder.
Proposals to the Government
Art.58
To make a proposal to the Government that legal regulations pertaining to the enforcement of this Law be prepared before May 1, 2000.
Entry into Force
Art.59
1. The Republic of Lithuania Law on Trademarks and Service Marks shall become effective as of July 1, 2000.
2. The provisions of Parts 3 and 4 of Article 7 of this Law shall take effect upon the entry of the Republic of Lithuania into the European Union.
I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC |
