WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/LTU/T/1
4 October 2001
(01-4798)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
LITHUANIA
The present document reproduces the text1 of the Law on Trade Marks (2000:VIII-1981), as
notified by Lithuania under Article 63.2 of the Agreement (see document IP/N/1/LTU/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
LITUANIE
Le présent document contient le texte
1 de la Loi sur les marque s (2000:VIII-1981), notifié par
la Lituanie au titre de l'article 63:2 de  l'Accord (voir le document IP/N/1/LTU/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
LITUANIA
En el presente documento se reproduce el texto1 de la Ley sobre marcas de fábrica o de
comercio Nº VIII-1981 de 2000, que Lituania ha notificado de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/LTU/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/LTU/T/1
Page 2
REPUBLIC OF LITHUANIA
LAW ON TRADE MARKS
10 October 2000 No. VIII-1981
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law establishes legal protection of trade marks, their registration and use in the Republic
of Lithuania, also the administration of the Regi ster of Trade Marks of the Republic of Lithuania.
Article 2. Main Definitions Used in the Law
1. “Trade mark ” (hereinafter - mark) means any sign capable of distinguishing the goods or
services of one person from those of other persons and capable of being represented graphically. Forthe purposes of this Law, a service mark shall also be treated as a trade mark.
2. “Person ” means a natural person, an enterprise without the rights of a legal person, a legal
person.
3. “Collective mark ” means a mark registered by a union of persons (association, union,
consortium, etc.).
4. “Geographical indication ” means a place name or other word or sign which directly or
indirectly identify a good as originating in a certain territory, region or locality, where a given quality,
reputation or other characteristic of the good is essentially attributable to its geographical origin.
5. “Geographical origin ” means a country, territory, region or locality according to which
the true place of origin of a good or service may be identified.
6. “Application ” means a package of documents to be presented to the State Patent Bureau of
the Republic of Lithuania (hereinafter - State Patent Bureau) according to the procedure prescribed bythis law by the applicant in order to have his mark registered.
7. “Applicant ” means a person or a group of persons in whose name the application for the
registration of a mark is filed.IP/N/1/LTU/T/1
Page 3
8. “Patent attorney ” means a natural person registered in the Register of Patent Attorneys of
the Republic of Lithuania according to the procedure established in the Patent Attorney Statuteapproved by the Government of the Republic of Lithuania.
9. “Proprietor of a mark ” means the rights holder of a mark protected in the Republic of
Lithuania in the manner laid down by this Law.
10. “ License ” means permission of the proprietor of the mark (licenser) granted to another
person (licensee) to use a mark under the terms of a license contract.
11. “ Sublicense ” means the licensee’s permission granted to another person to use a mark
under the terms of a sublicense contract.
12. “ International exhibition ” means an international exhibition which is official or
officially recognised according to the Convention relating to International Exhibitions, adopted in
Paris on 22 November 1928, as last revised on 30 November 1972.
13. “ International registration of marks ” means registration of a mark in the International
Register of the International Bureau of the World Intellectual Property Oganisation (hereinafter - the
International Bureau) under the Protocol relating to the Madrid Agreement concerning theInternational Registration of Marks (hereinafter - the Madrid Protocol), adopted at Madrid on27 June 1989.
14. “ International application ” means an application for the international registration of the
mark, filed under the Madrid Protocol with the International Bureau through intermediary of the StatePatent Bureau or any other office of the Contracting State of the Madrid Protocol.
15. “ Paris Convention ” means the Paris Convention for the Protection of Industrial Property
of 20 March 1883, as revised at Stockholm on 14 July 1967 and supplemented on 28 September 1979.
16. “ Nice Classification ” means the international classification of goods and services,
approved by the Nice Agreement concerning International Classification of Goods and Services forthe Purposes of the Registration of Marks of 15 June 1957, as revised at Stockholm on 14 July 1967,at Geneva on 13 May 1977 and amended in Geneva on 2 October 1979.
17. “ Official Bulletin of the State Patent Bureau ” means a periodical publication in which
the State Patent Bureau makes official announcement of data relating to marks, based on this Law andStatute of the Register of Trade Marks of the Republic of Lithuania.
18. “ Gazette of International Mark s of the International Bureau ” means the periodic
publication “ WIPO Gazette of International Marks ” of the International Bureau of the World
Intellectual Property Organisation, in which the International Bureau publishes data concerninginternational registration of marks.
19. “ Regulations ” means Regulations for the Registration of Trade Marks approved by the
Director of the State Patent Bureau.IP/N/1/LTU/T/1
Page 4
20. “ Commercialisation ” means use of goods seeking to obtain gain.
Article 3. Scope of the Law
1. This Law shall apply to every mark intended to identify goods and/or services, for which
registration is sought in the application filed at the State Patent Bureau or which is registered in the
manner prescribed by this Law, or which is subject to international registration of the mark, in effectin the Republic of Lithuania.
2. This Law shall also apply to the marks recognised as well-known in the Republic of
Lithuania.
3. Where the international agreements to which the Republic of Lithuania is a party prescribe
requirements other than those established by this Law, the requirements of international agreementsshall apply.
4. Foreign nationals shall exercise all rights specified in this Law and in legal acts regulating
the implementation thereof.
Article 4. The Sign Protecting the Rights of the Proprietor of a Mark
The proprietor of a mark may inform the public of his rights to the mark by means of the sign
protecting the proprietor’s rights, which consists of the letter R in a circle and is put to the right of themark (above or below).
CHAPTER TWO
PROTECTION OF THE MARK
Article 5. Signs of which a Mark May Consist
Marks, with respect to which legal protection under this Law is applicable, may consist of
signs, in particular:
1) words, personal surnames, names, artistic pseudonyms, names of firms, slogans;2) letters, numerals;3) drawings, emblems;4) three-dimensional form (the shape of goods, their packaging or containers);
5) colours or combinations of colours, their compositions;
6) any combination of signs specified in subparagraphs 1-5 of this Article.IP/N/1/LTU/T/1
Page 5
Article 6. Absolute Grounds for Refusal of Registration or Invalidation of a Mark
1. A sign shall not be recognised as a mark and shall be refused registration or the registration
of a registered mark shall be declared invalid if:
    1) the sign cannot constitute a mark under the requirements of Article 5;
    2) the sign  is devoid of any distinctive character;
3) it has become customary in the current language or in the bona fide  and established
practices of the trade;
4) it consists exclusively of signs or indications which may serve, in trade, to designate the
kind, quality, quantity, intended purpose, value, geographical origin or the time of production of thegoods or of rendering of the service, the mode of production or other characteristics of the goodsand/or services;
5) the sign is of such a nature as to mislead the public, for instance as to the nature, quality
or geographical origin of the goods and/or services;
6) the sign is contrary to accepted principles of morality or public policy, including ethics
of society and humanitarian principles;
7) the sign consists exclusively of the shape which results from the nature of the goods
themselves or the shape of goods which is necessary to obtain a technical result or the shape whichgives substantial value to the goods;
8) the sign consists of the official or traditional (abbreviated) state name of the Republic of
Lithuania, of armorial bearings, flag or other state heraldic objects or any  imitation from a heraldicpoint of view, also official signs and hallmarks indicating control and warranty, stamps, medals or
marks of distinction, unless the permission for their use in a mark has been issued according to the
established procedure by the institution authorised by the Government of the Republic of Lithuania;
9) it consists of signs the registration of which has not been authorised by the competent
authorities of other states or international organisations and the registration of which is to be refusedor invalidated pursuant to Article 6ter of the Paris Convention;
10) it is a sign of high symbolic value, in particular a religious symbol;
    11) it contains or consists of a geographical indication with respect to goods not originating
in the territory indicated, if use of the indication in the mark for such goods in the Republic ofLithuania is of such a nature as to mislead the public as to the true place of origin of the goods. The
above provision shall also be applicable against a geographical indication  which, although literally
true as to the place of origin of the goods, falsely represent to the public that the goods originate inanother territory;
    12) it contains or consists of a geographical indication identifying wines for wines or spirits
for spirits not originating in the place indicated by the geographical indication in question, even whereIP/N/1/LTU/T/1
Page 6
the true origin of the goods is indicated or the geographical indication is used in translation or
accompanied by expressions such as "kind", "type", "style", "imitation" or the like.
2. In the cases provided for in subparagraphs 2, 3 or 4 of paragraph 1 of this Article, a sign
may be recognised as a mark and its registration may not be invalidated if, before the date ofapplication for registration, after the date of filing of the application or registration of the mark and
following the use which has been made of it, it has acquired distinctive character.
Article 7. Other Grounds for the Invalidation of Registration
1. Registration of a mark shall be declared invalid if the mark is:
1) identical with an earlier mark, and the goods and/or services for which the mark is
registered are identical with the goods and/or services for which the earlier mark is applied for or isregistered;
2) identical with or similar to the earlier mark and because of the identity or similarity of
the goods and/or services covered by the marks there exists a likelihood of confusion on the part of
the public; the likelihood of confusion includes the likelihood of association with the earlier mark;
3) identical with the mark recognised as well-known in the Republic of Lithuania in the
manner prescribed by Article 9 of this Law, the proprietor of which is another person, or because ofits similarity to the mark it is liable to mislead the public;
4) identical with the name of a firm or possessing a misleading likelihood to the name of a
firm, whose proprietor is another person who acquired the right to the name of the firm in theRepublic of Lithuania before the date of filing of the application for the registration of the mark or thedate of the priority, if on the specified date the firm had a right to engage in identical or similar tradeto which the goods and/or services covered by the registered mark may be attributed;
5) identical with the geographical indication protected in the Republic of Lithuania or
possessing a misleading likelihood thereto, except for th e indication incorporated in the mark as the
disclaimer, for which registration is applied for by a person entitled to use the geographical indication;
6) identical with the protected industrial design or any other object of industrial property,
literary, scientific or artistic work protected under the copyright, the name or surname or artisticpseudonym of a famous person, or the portrait of another person or its likelihood to the above ismisleading, except in cases where consent has been granted by the owner of the rights or thesuccessor to them.
2. For the purposes of subparagraphs 1 and 2 of paragraph 1 of this Article, “earlier mark”
means:
1) a mark the date of filing of application for registration in the Republic of Lithuania of
which is earlier than the date of filing of application for registration of the mark specified in paragraphIP/N/1/LTU/T/1
Page 7
1 of this Article, taking account, where appropriate, of the priorities granted or claimed in respect of
that mark;
2) a mark the date of registration whereof for the Republic of Lithuania under the Madrid
Protocol is earlier than the date of filing of application for registration of the mark specified in
paragraph 1 of this Article, taking account, where appropriate, of the priorities granted or claimed in
respect of that mark;
3) a mark which, on the date of filing of application for registration of the mark specified in
paragraph 1 of this Article, taking account, where appropriate, of the priorities granted or claimed inrespect of that mark, has been recognised as well-known in the Republic of Lithuania  in the mannerlaid down in Article 9 of this Law.
3. Registration of the mark may be declared invalid where it becomes evident that the
application for the registration of a mark was made in bad faith by the applicant.
Article 8. Disclaimers
1. A mark may not be constituted of elements which are ineligible for registration as
separate (independent) marks.
2. Where the mark contains elements referred to in paragraph 1 of this Article and where there
is special reason to assume that the registration of the mark may cause doubts as to the scope ofprotection of the mark, the elements may, at the applicant’s request, on the decision of the State PatentBureau or court decision, be recognised as disclaimers.
3. Where the circumstances on the grounds whereof the elements of the marks were
recognised as disclaimers cease to exist, a new application for the registration of a mark may be filed
for the registration of the elements or of the mark containing the elements without the limitationreferred to in paragraph 2 of this Article.
4. Disclaimers do not extend the proprietor of the mark exclusive rights thereto.
Article 9. Protection of a Well-Known Mark
1. A mark may be recognised as well-known in the Republic of Lithuania if the results of its
use or promotion reveal that it is well-known in the relevant sector of the public.
2. A mark recognised as well-known in the Republic of Lithuania  shall be protected even
without registration thereof.
3. A mark shall be recognised as well-known in the Republic of Lithuania according to
judicial procedure.
4. In addition to the rights specified in Article 38 of this Law, the proprietor of the mark
recognised as well-known in the Republic of Lithuania shall also have the right to prohibit otherIP/N/1/LTU/T/1
Page 8
persons from using, without having his consent, in industrial or commercial activities a sign which
constitutes a reproduction, an imitation or a translation, liable to create confusion, of a markconsidered to be well-known and used for identical and/or similar goods.
5. In addition to the rights specified in Article 38 of this Law, the proprietor of a registered
mark recognised as well-known in the Republic of Lithuania shall also be entitled to prevent third
parties not having his consent from using, in the course of industrial or commercial activities, a signwhich may be taken for a reproduction, an imitation or a translation, liable to create confusion, of amark recognised as well-known, in relation to goods  and/or services which are not similar to those
under the well-known mark, provided that use of that mark in relation to those goods or serviceswould indicate a connection between those goods and/or services and goods and/or services under awell-known mark and provided that the interests of  the proprietor of the registered well-known mark
are likely to be damaged by such use.
Article 10. Priority
1. The application may contain a request claiming the priority of one or more previous
applications duly filed for the registration of one and the same mark in the State party to the ParisConvention or a member of the World Trade Organisation if the applicant or his successor in title filesan application to the State Patent Bureau within a period of six months from the date of filing of thefirst application or applications.
2. The application may contain a request to grant priority of the date on which the goods
and/or services bearing the mark which is the subject of that application were first exhibited at an
official or officially recognised international exhibi tion, if the application is filed with the State Patent
Bureau within a period of six months from the date of the first display of the goods and/or servicesunder the mark at the exhibition.
3. An applicant who intends to benefit from the provisions of paragraphs 1 and 2 of this
Article shall submit before the State Patent Bureau a certified copy of the first application(applications) or a certificate issued by the admini stration of the international exhibition at which the
goods and/or services bearing the mark had first been exhibited. The documents may be submitted atthe time of filing of the application or within three months from that date.
4. If the State Patent Bureau finds that the requirements under paragraph 3 of this Article have
not been fulfilled, the request referred to in paragraphs 1 or 2 of this Article shall be considered not to
have been made.IP/N/1/LTU/T/1
Page 9
CHAPTER THREE
REGISTRATION OF A MARK
Article 11. Filing of an Application
1. An applicant who wishes to register a mark must file an application to the State Patent
Bureau.
2. The representative may also file an application to the State Patent Bureau on behalf of the
applicant. Foreign nationals who are not permanent residents of the Republic of Lithuania and legalpersons of foreign states who do not have a subsidiary or representation registered in the Republic ofLithuania shall file applications to the State Patent Bureau and perform all actions relating to theregistration of the mark with the State Patent Bureau, including also representation at the AppealsDivision, through the patent attorney  of the Republic of Lithuania.
3. One application shall be filed for the registration of one mark.
4. An application for the registration of a mark shall consist of:
1) a request for the registration of a mark and issuance of the trade mark certificate signed by
the applicant or his representative;
2) a document certifying payment of the fixed fee;3) the power of attorney given to a person, where the application is filed by an authorised
person;
4) a request to be granted priority (where appropriate);5) a permit issued by competent authorities under subparagraphs 8 and 9 of paragraph 1 of
Article 6 of this Law (where appropriate);
6) regulations governing the use of a collective mark (where appropriate);
7) consent of the owner of the rights according to subparagraph 6 of paragraph 1 of Article 7
of this Law (where appropriate).
5. A request for the registration of a mark and issuance of the trade mark certificate shall
contain:
1) information identifying the applicant and his representative;
2) a reproduction and description of the mark in respect of which registration is applied for;3) 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;
4) a statement that the mark in respect of which registration is applied for is a three-
dimensional mark (where appropriate);
5) a statement that colour or combination, composition of colours are considered a distinctive
feature of the mark (where appropriate);IP/N/1/LTU/T/1
Page 10
6) a statement as to which elements of the mark are considered a disclaimer (where
appropriate);
7) a statement that the mark is registered and published in standard characters of the State
Patent Bureau (where appropriate);
8) a transliteration of the mark or its verbal elements, also their translation into Lithuanian
(where appropriate);
9) a statement that the mark for which an application for registration  is filed is a collective
mark.
6. An application may contain a request for registration of one or more classes of goods
and/or services. A fixed additional fee shall be payable for more than one class of goods and/orservices indicated in the application.
Article 12. Date of Filing of Application
1. The date of receipt by the State Patent Bureau of the documents listed in subparagraphs 1
and 2 of paragraph 4 of Article 11 of this Law shall be considered the date of filing of the application.
2. In case of failure to submit at least one of the documents listed in subparagraphs 1 and 2 of
paragraph 4 of Article 11 of this Law, a date of filing shall not be accorded to the application and theapplication documents shall be returned to the applicant with the grounds for the inadmissibility of theapplication indicated.
Article 13. Examination of Application
1. The State Patent Bureau shall conduct, within one month from the receipt of the
application, a formal examination of the application documents: check whether or not the documentsspecified in subparagraphs 1 and 2 of paragraph 4 of Article 11 of this Law have been filed andwhether they comply with the formal requirements.
2. The State Patent Bureau shall recognise an application as having been filed and shall
accord to it a date of filing and a number, provided that the documents specified in subparagraphs 1and 2 of paragraph 4 of Article 11 of this Law have been filed and all the formal requirements havebeen complied with.
3. Having performed the actions specified in paragraph 2 of this Article, the State Patent
Bureau shall supply the applicant or his representative with a notice of acceptance of the application
wherein the date of filing of the application and the number accorded to it shall be indicated.
4. Having accorded the application a date of filing, the State Patent Bureau shall check
whether or not all the documents specified in paragraph 4 of Article 11 of this Law have been filed,whether they comply with the requirements of this Law and the Regulations, and whether the goodsIP/N/1/LTU/T/1
Page 11
and/or services for which registration is requested are in compliance with the requirements of the Nice
classification.
5. Having ascertained that not all the documents specified in paragraph 4 of Article 11 of this
Law have been filed or that the documents do not comply with the requirements of this Law and the
Regulations, the State Patent Bureau shall notify the applicant or his representative thereof in writing,
indicating the deficiencies and the required remedying. If the deficiencies in the application are notremedied within three months from the sending of the notification, the State Patent Bureau shallrecognise the application as having not been filed and shall notify the applicant or his representativethereof in writing.
6.  Having  ascertained that the goods and/or services do not comply with the Nice
classification, the State Patent Bureau shall send a notification to the applicant or his representative,pointing out the deficiencies and indicating which deficiencies must be remedied. If the deficienciesreferred to above are not remedied within three months from the date of sending of the notification or
if the applicant or his representative objects to the instructions of the State Patent Bureau, the State
Patent Bureau shall reject the entire application or the part thereof which refers to the goods and/orservices the classification whereof was objected to by the applicant or his representative and shallnotify the applicant or his representative thereof in writing.
Article 14. Examination of the Mark
1. Having conducted an examination to the application the State Patent Bureau shall carry out
an examination of the mark with a view to ascertaining whether or not it satisfies the requirements of
Article 6 of this Law.
2. Where, under Article 6 of this Law, a mark is not registrable, the State Patent Bureau shall
adopt a decision to refuse the registration of the mark in respect of all or some of the goods and/orservices. The decision which must indicate grounds and reasons for the refusal of the registration ofthe mark shall be sent to the applicant or his re presentative within ten days from the adoption thereof.
3. The applicant or his representative shall have the right to submit to the State Patent Bureau
within three months from the day of sending of the decision to refuse registration a written request fora re- examination.
4. Having received a request for a re-examination and upon examining the arguments
submitted by the applicant, the State Patent Bureau shall conduct a re-examination and adopt one of
the following decisions:
1) to declare the previous decision invalid and to register the mark in respect of all or only
some of the goods and/or services;
2) to leave valid the decision to refuse registration of the mark.IP/N/1/LTU/T/1
Page 12
5. The State Patent Bureau shall send the adopted decision to the applicant or his
representative within ten days from the adoption thereof.
Article 15. Filing of Appeal
1. An applicant or his representative who objects to the decision adopted by the State Patent
Bureau after the re-examination shall have the right to file with the Appleas Division of the StatePatent Bureau (hereinafter - Appeals Division), within three months from the day of sending of thedecision, a written appeal with a substantiated request for a review of the findings of the examinationand a document certifying the payment of the fixed fee.
2. Following the examination of the appeal, the Appleals Division shall adopt one of the
following decisions:
1) to grant the appeal and to adopt a decision to register the mark in respect of all or some of
the goods and/or services;
2) to dismiss the appeal and to uphold the decision to refuse the registration of the mark.3. Where the applicant or his representative objects to the decision of the Appeals Division,
he shall have the right to appeal against the decision of the Appeals Division to the Vilnius CountyCourt within six months from the date of a doption of the decision by the Appeals Division.
Article 16. Registration of a Mark
1. Upon ascertaining that the mark meets the requirements of Article 6, the State Patent
Bureau shall adopt a decision to register the mark and shall within ten days from the date of adoptionof the decision send the decision and instruction to pay the fixed fee to the applicant or hisrepresentative.
2. Having granted the appeal under Article 15 of this Law, the State Patent Bureau shall
further act in accordance with the procedure laid down in paragraph 1 of this Article.
3. 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.
Article 17. Withdrawal of the Application
1. If the applicant or his representative fails to  pay the fee within three months from the day of
sending of the decision to register the mark, the application shall be deemed withdrawn on thedecision of the State Patent Bureau.
2. Within ten days from the adoption of the decision that the application shall be deemed
withdrawn the State Patent Bureau shall send the decision to the applicant or his representative.IP/N/1/LTU/T/1
Page 13
3. The applicant or his representative shall have the right to withdraw his application or
restrict the list of goods and/or services cont ained therein at any stage of examination of the
application or the mark.
Article 18. Opposition
1. Within a period of three months following the publication of the registered mark in the
Official Bulletin of the State Patent Bureau, the interested persons may give to the Appeals Division ajustified written opposition to registration of the mark on the grounds that it may not be registeredunder Articles 6 and 7 of this Law.
2. The filing of opposition shall be subject to the payment of the fixed fee.3. The Appeals Division shall verify within four teen days from the day of receipt of the
opposition whether the opposition complies with the requirements of paragraphs 1 and 2 of thisArticle. Where the opposition is filed according to the procedure laid down in this Law and the
Regulations and complies with the above requirements, the Appeals Division shall accept the
opposition as admissible and shall communicate one copy of the opposition to the proprietor of themark against which the opposition is filed or his representative.
4. The proprietor of the mark against which opposition is filed or his representative must
within three months from the date of sending of the opposition file a justified reply to the opposition.
Failure to file a justified reply to the opposition shal l be considered as a refusal to participate in the
examination of the opposition and shall not prev ent the Appeals Division from examining the
opposition in the absence of the proprietor of the mark against which the opposition has been filed or
his representative.
5. Following the examination of the opposition, the Appeals Division shall adopt one of the
following decisions:
1) to decide that the opposition is allowable and declare registration of the mark  invalid in
respect of all or some of the goods and/or services;
2) to reject the opposition and leave the registration of the mark valid.6. The proprietor of the mark against which opposition is filed or his representative, or the
person who filed the opposition or his representative, who did not attend the opposition examinationproceedings, shall be within one month from th e day of making of the decision communicated the
decision in writing with a  copy of decision attached to the communication.
7. The decision made by the Appeals Division may be appealed against to the Vilnius County
Court within six months from the day of adoption thereof.
8. Decisions made by the Appeals Division shall be published in the Official Bulletin of the
State Patent Bureau.IP/N/1/LTU/T/1
Page 14
Article 19. Appeal and Opposition Examination at the State Patent Bureau
1. Appeal or opposition proceedings conducted by the Appeals Division shall be public.
2. The applicant, the interested person, the proprietor of the mark against which opposition
has been filed or the representatives of the above persons shall have the right to take part in the appeal
or opposition proceedings at the Appeals Division.
3. Appeal and opposition examination procedure shall be set forth in the Regulations for
Appeal and Opposition Examination approved by the Director of the State Patent Bureau.
Article 20. Certificate of Registration of a Mark
1. The State Patent Bureau shall issue a registration certificate to the proprietor of a registered
mark or his representative, unless opposition has been filed in accordance with the procedure laiddown in Article 18 of this Law or if opposition has been rejected or satisfied in respect of some of the
goods and/or services pursuant to paragraph 5 of Article 18 of this Law. Where the proprietor of the
mark or his representative fails to collect the certificate within one month from the day of issue of thecertificate of registration of the mark, he shall be sent the certificate by post.
2. The form of the certificate of registration of a mark and the data recorded therein shall be
established by the State Patent Bureau.
3. Certificate of the registration of a mark is a legal document certifying the entry of the mark
in the Register of Trade Marks of the Republic of Lithuania and the exclusive rights of the proprietorof the mark to the registered mark.
4. If the proprietor of the mark loses the certificate of registration of the mark, he shall be
issued a duplicate of the certificate.
Article 21. Register of Trade Marks of the Republic of Lithuania
1. The Register of Trade Marks of the Republic of Lithuania is a state register. The Register
shall be administered by the State Patent Bureau.
2. The procedure for accumulating, keeping, storing and using the documents and data
relating to trade marks shall be established by the Statute of the Register of Trade Marks of theRepublic of Lithuania approved by the Government.
Article 22. Data of the Register of Trade Marks of the Republic of Lithuania
1. The following data shall be recorded and stored in the Register of Trade Marks of the
Republic of Lithuania:
1) reproduction of the mark;IP/N/1/LTU/T/1
Page 15
2) 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;
3) date of filing of the application and its file number;4) date of registration of the mark and its file number;
5) the applicant’s name or personal name, surname and address (headquarters);
6) name or personal name, surname and address (headquarters) of the proprietor of the mark;7) date of expiry of registration;8) priority date, first application file number, code of the state, provided that  priority has been
given under paragraph 1 of Article 10 of this Law;
9) name of the exhibition, date of display of goods and/or services, provided that priority has
been given under paragraph 2 of Article 10 of this Law;
10) personal name, surname, address (headquarters) of the representative, where he has been
appointed;
11) a statement that the mark is collective, three-dimensional or that colour constitutes
distinctive character of the mark;
12) other data relating to the registration, use and protection of the mark;13) grounds for and date of amendment of the data.2. All natural and legal persons shall have the right to use the data of the Register of Trade
Marks of the Republic of Lithuania according to the procedure laid down by the Regulations of theRegister of Trade Marks of the Republic of Lithuania.
3. The State Patent Bureau shall issue extracts from the Register of Trade Marks of the
Republic of Lithuania at the request of any person who has paid the fixed fee.
Article 23. Recording of Change s in the Application and in the Register of Trade Marks
of the Republic of Lithuania
1. The applicant, the proprietor of the mark or his representative must notify the State Patent
Bureau of:
1) changes in the name or personal name, surname or address (headquarters) of the applicant
or the proprietor of the mark;
2) changes of the representative of the applicant or proprietor of the mark or his address
(headquarters);
3) changes in the representation of the mark applied for registration or of the registered mark
where, in the opinion of the State Patent Bureau, the change is not related to the distinctive characterof the mark;
4) limitation of the  list of goods and/or services;IP/N/1/LTU/T/1
Page 16
5) the full or partial change of the applicant or the proprietor of the mark;
6) the need to correct technical errors.2. Requesting for change to be recorded in the application or in the Register of Trade Marks
of the Republic of Lithuania, the applicant, the proprietor of the mark or their representative shall
submit the following documents:
1) request for recording changes in the applica tion or in the Register of Trade Marks of the
Republic of Lithuania;
2) documents substantiating the request where the recording of amendments specified in
subparagraphs 5 and 6 of paragraph 1 of this Article is requested;
3) a document certifying the payment of the fixed fee.3. Following the receipt of the documents specified in paragraph 2 of this Article, the State
Patent Bureau shall verify them within one month from the date of receipt and record the change in
the application or in the Register of Trade Marks of the Republic of Lithuania, provided that they
meet the requirements laid down by this Law and the Regulations.
4. The change shall become valid from the day of  its recording. A notice of the change in the
Register of Trade Marks of the Republic of Lithuania shall be published in the Official Bulletin of the
State Patent Bureau.
5. Technical error made by the State Patent Bureau shall be corrected free of charge.
Article 24. Removal of a Mark from the Register
1. A mark shall be removed from the Register of Trade Marks of the Republic of Lithuania if:
1) the Appeals Division declares the registration of the mark invalid according to the
procedure laid down in Article 18 of this Law;
2) the registration of the mark is declared invalid or revoked by a court decision;3) the registration of the mark has not be renewed according to the procedure laid down in
Article 36 of this Law;
4) the proprietor of the mark requests for the mark to be removed from the Register.
2. The State Patent Bureau shall remove the mark from the Register of Trade Marks of the
Republic of Lithuania following the receipt of one of the following documents:
1) effective court decision to declare the registration of the mark invalid or to revoke the
registration of the mark;
2) a written request of the proprietor of the mark.3. After the Appeals Division takes a decision to declare the registration of a mark invalid, or
in case of failure to renew the registration of the mark according to the procedure laid down inIP/N/1/LTU/T/1
Page 17
Article 36 of this Law, the mark shall be removed from the Register on the initiative of the State
Patent Bureau.
4. A notice of removal of the mark from the Register shall be published in the Official
Bulletin of the State Patent Bureau.
Article 25. Requirements for the Documents Filed to the State Patent Bureau
1. Documents shall be filed to the State Patent Bureau in the state language. If the documents,
except for the application for the registration of a mark and for the issuance of a trade mark certificate,are filed in a language which is not the state language, the applicant, the proprietor of the mark or hisrepresentative must within three months from the day of filing of the documents submit thedocuments translated into the state language.
2. The power of attorney to represent the applicant or the proprietor of the mark shall be
issued in writing and shall not be subject to notarial verification. Where the application for
registration of a mark and for issuance of the trade mark certificate is filed by a representative who,
however, fails to submit the  power of attorney together with the documents listed in subparagraphs 1
and 2 of paragraph 4 of Article 11 of this Law, the power of attorney must be submitted within threemonths from the date of filing of the application.
3. Documents filed to the State Patent Bureau shall be exempt from all legalisation.
4. Specific requirements of the application and other documents shall be established by the
Regulations.
5. A document shall be deemed not to have been filed and the act shall be deemed not to have
been performed if the applicant, the proprietor of the mark or his representative fails to submit the
documents within the time limit set in this La w or the documents have been executed not in
accordance with the requirements.
Article 26. Time Limit
1. Following the filing of a written request and payment of the fixed fee by the applicant or
his representative, the time limits provided for in paragraphs 5 and 6 of  Article 13, paragraph 3 of
Article 14, paragraph 1 of  Article 15, paragraph 1 of Article 17, paragraph 4 of  Article 18, paragraph
1 of Article 25 may be extended once but for not longer  than two months from the day of expiry of the
initial time limit.
2. An application for the extension of time limit must be filed and the fixed fee must be paid
prior to the expiry of the initial time period. The time period shall be extended on the decision of theState Patent Bureau.IP/N/1/LTU/T/1
Page 18
3. The applicant who was unable to observe the time limit set in paragraph 1 of Article 17
may be reinstated upon filing the following documents:
1) a substantiated request to reinstate the unobserved time limit;2) a document stating the grounds of non-observance of the time limit;
3) a document certifying the payment of the fixed fee.
4. Reinstatement specified in paragraph 3 of this Article shall be granted on the decision of
the Director of the State Patent Bureau.
5. Refusal to extend the time limit or to grant re instatement may be appealed to court in the
manner prescribed by law.
Article 27. Fees
1. The filing of an application and other acts provided for in this Law shall be subject to the
payment of the fixed fee.
2. The amount of fees, specific actions for which fees are payable, the procedure for paying
the fees shall be established by this Law and other tax laws of the Republic of Lithuania.
CHAPTER FOUR
COLLECTIVE MARKS
Article 28. Right to a Collective Mark
1. A union (association, union, consortium, etc.) of persons shall have the right to file an
application for the registration of a collective mark.
2. All provisions of this Law, except for the provisions of Articles 43 and 44, shall apply to a
collective mark.
Article 29. Registration and Use of a Collective Mark
1. A collective mark shall be registered in the name of the union of persons and only when the
regulations for the use thereof, approved by the union, are filed together with the application. Theregulations shall contain the following data:
1) the name and the headquarters of the union of persons in the name whereof an application
for the registration of a collective mark has been filed;
2) the purpose of the union of persons and representation procedure;3) membership conditions;4) information relating to the union members who have authority to use a collective mark;5) terms and conditions of the use of a collective mark;IP/N/1/LTU/T/1
Page 19
6) rights and obligations of the union members in case of non-fulfillment of the conditions of
use of a collective mark and infringement of rights to it.
2. A collective mark may be transferred only with the consent of all persons who are members
of a union which has registered the collective mark.
3. A collective mark may be constituted of signs or indications which may serve, in trade, to
designate the geographical origin of the goods and/or services, the mark, however, shall not entitle theproprietor to prohibit a third party from using the signs or indications, provided such use is inaccordance with the accepted principles of morality in industrial and commercial matters: inparticular, such a mark may not be invoked against a third party who is entitled to use a geographicalname in trade.
4. A collective mark shall be deemed used when used by at least one member of the union.
5. Unless otherwise provided in the regulations governing the use of a collective mark, a
person who has authority to use the collective mark may bring an action in infringement of acollective mark only with the consent of the proprietor of the mark.
6. The proprietor of a collective mark must submit to the State Patent Bureau any changes or
supplement of the regulations governing the use of the collective mark.
7. The State Patent Bureau shall refuse the application for a collective mark if the regulations
governing use of the mark do not satisfy the requirements of paragraph 1 of this Article or if they arecontrary to public policy or to accepted principles of morality. After the applicant amends the
regulations in such a way that the ground for refusal ceases to exist, the collective mark may be
registered according to the procedure established by this Law.
8. Upon submitting a request and subject to the payment of a fixed fee, the interested parties
may inspect the regulations governing the use of the collective mark at the State Patent Bureau.
CHAPTER FIVE
INTERNATIONAL REGISTRATION OF A MARK
Article 30. Validity of the International Registration of a Mark
1. From the date of the international registration of the mark extended to the Republic of
Lithuania, or the date of territorial extension made subsequently to the international registration(hereinafter - subsequent territorial extension) the protection of the mark resulting from internationalregistration shall be the same as if the mark had been registered in accordance with the provisions ofthis Law.
2. Data relating to the international registration of the mark is published in the Gazette of
International Marks of the International Bureau.IP/N/1/LTU/T/1
Page 20
3. The State Patent Bureau shall record the data relating to the international registration of the
mark, extended to Lithuania, in the Register of Trade Marks of the Republic of Lithuania.
Article 31. Invalidity of International Registration
1. Where a mark which has been the subject of an international registration does not meet the
requirements of Article 6 of this Law or if an opposition is filed in the manner prescribed by this Lawin respect of the registration of the mark, the Stat e Patent Bureau shall notify the International Bureau
within the time limit set by the Madrid Protocol that the protection of the mark is fully or partiallyrefused in the Republic of Lithuania.
2. International registration of a mark shall be invalid in the Republic of Lithuania from the
day of the effect of invalidation in the Republic of Lithuania.
3. Where international registration of a mark is canceled at the request of the office of the
country of origin or following the denunciation of the Madrid Protocol by a party to the Madrid
Protocol, the proprietor of the mark may file an application according to the procedure laid down in
this Law requesting registration of the mark in the Republic of Lithuania.
4. An application under paragraph 3 of this Article shall be deemed to have been filed on the
day of international registration of the mark or of the subsequent territorial extension, with due regardbeing had, where appropriate, to the date of granting of priority, provided the following conditions areobserved:
1) the application is filed within a three month period following the cancellation of
international registration of the mark on the grounds provided for in paragraph 3 of this Article;
2) the application comprises no other goods and/or services than those comprised by the
international registration.
3) the application complies with all the requir ements of this Law and the applicant has paid
the fixed fee.
Article 32. Filing of an International Application or of a Request for Subsequent
Territorial Extension on the Basis of an Application or Registration in the Republic ofLithuania
1. An applicant or a proprietor of the mark who meets the requirements of subparagraph (i) of
paragraph 1 of Article 2 of the Madrid Protocol must file an international application or a request forsubsequent territorial extension through the State Patent Bureau.
2. The granting of priority under the provisions of the Paris Convention may be requested
while filing an international application or request for subsequent territorial extension.IP/N/1/LTU/T/1
Page 21
3. An international application and request for subsequent territorial extension  must be
presented in the form and in accordance with the requirements prescribed by the Madrid Protocol andCommon Regulations under the Madrid Agreement Concerning the International Registration ofMarks and the Protocol Relating to that Agreement (hereinafter - Common Regulations of the Madrid
Protocol).
4. The procedure for filing and examining the international application and a request for
subsequent territorial extension at the State Patent Bureau shall be established in the Procedure forImplementing the Madrid Protocol, approved by  the Director of the State Patent Bureau.
5. The applicant shall pay a fixed fee for the examination of an international application at the
State Patent Bureau. In case of failure by the applicant to present a document certifying payment ofthe fixed fee, the State Patent Bureau shall return the international application.
6. The applicant must pay the fees provided for in the Common Regulations of the Madrid
Protocol directly to the International Bureau.
Article 33. Replacement of a National Registration by an International Registration
1. Where a mark that is the subject of a national registration in the Republic of Lithuania is
also the subject of an international registration, on the initiative of the proprietor the international
registration is deemed to replace the national registration valid in the Republic of Lithuania, if:
1) the international registration is extended to the Republic of Lithuania ;
2) all goods and/or services listed in the nationa l registration are also listed in the international
registration;
3) the international registration has been extended to the Republic of Lithuania  after the filing
of an application, based on Article 11 of this Law, to the State Patent Bureau.
2. Upon request of the proprietor of the mark who has paid the fixed fee, the State Patent
Bureau shall record the data on the replacement of  national registration by international registration
into the Register of Trade Marks of the Republic of Lithuania and shall publish the data in the OfficialBulletin of the State Patent Bureau.
Article 34. Special Provisions Applicable to International Registration of a Mark
1. If the proprietor of a mark of international registration opposes the decision of the State
Patent Bureau to refuse to grant protection on the grounds that the mark does not satisfy therequirements of Article 6 of this Law, he shall be entitled to request re-examination within fivemonths from the day of making of the decision. If he fails to file the request within the set time limit,the decision of the State Patent Bureau shall be deemed final.
2. If the proprietor of a mark of international registration objects to the decision made by the
State Patent Bureau in the course of re-examination, he shall be entitled to file, within a five monthsIP/N/1/LTU/T/1
Page 22
from the day of making of the decision, an appeal to the Appeals Division according to the procedure
set forth in Article 15 of this Law.
3. The interested persons or their representatives must file an opposition to international
registration of a mark within a three months peri od from the day of publishing of information on the
international registration of the mark in the Gazette of International Marks of the International
Bureau. The opposition must meet the requirements of  paragraphs 1 and 2 of Article 18 of this Law.
4. The proprietor of a mark of international registration against which an opposition has been
filed must within a five months period from the date of filing of the opposition appoint his
representative in the manner laid down in paragraph 2 of  Article 11 of this Law and present a justified
reply to opposition. Failure to present a justified reply to the opposition shall be considered as arefusal to take part in the examination of the opposition and shall not prevent the Appeals Divisionfrom examining the opposition in the absence of the proprietor of the mark of internationalregistration or his representative. If the proprietor of the mark of international registration to which
the opposition is filed fails to appoint his representative, the decision made by the Appeals Division
shall not be communicated to the proprietor of the mark of international registration.
5. A license issued by the proprietor of the mark of international registration shall not be valid
in the Republic of Lithuania for third parties if the data of the license contract has not been recordedaccording to the procedure established by Article 44 of this Law.
6. Renewal of the international registration of a mark and other issues related to international
registration, which have not been discussed in this Law, shall be regulated by the Madrid Protocol,Common Regulations of the Madrid Protocol and the Procedure for Implementing the Madrid
Protocol.
CHAPTER SIX
DURATION OF REGISTRATION OF A MARK
Article 35. Duration of Registration of a Mark
A mark shall be registered for a period of ten years from the date of filing of the application.
Article 36. Renewal
1. Following the expiry of the period specified in Article 35 of this Law, registration of a
mark may be renewed in respect of all or only a part of goods and/or services each time for not longerthan ten years.
2. Registration of a mark shall be renewed on the decision of the State Patent Bureau provided
that the following documents have been submitted to the State Patent Bureau:IP/N/1/LTU/T/1
Page 23
1) the request for renewal of registration of a mark in respect of all or part of the goods and/or
services;
2) document certifying the payment of the fixed fee.
3. Documents specified in paragraph 2 of this Article must be filed by the proprietor of the
mark or his representative not later than in the last year before the expiry of registration of the mark.
4. Having paid a 50% additional fee for the renewal of registration of a mark, the proprietor of
a mark or his representative may submit a request fo r renewal within a period of six months following
the day of expiry of registration of the mark.
5. Information relating to the renewal of regist ration of a mark shall be recorded in the
Register of Trade Marks of the Republic of Lithua nia and published in the Official Bulletin of the
State Patent Bureau.
6. If the proprietor of the mark or his representative fails to pay the fixed fee within the period
specified in paragraphs 3 and 4 of this Article, the registration of the mark shall not be renewed andthe mark shall be removed from the Register of Trade Marks of the Republic of Lithuania accordingto the procedure laid down in Article 24 of this Law.
CHAPTER SEVEN
RIGHTS CONFERED BY THE REGISTRATION OF A MARK
Article 37. Scope of Protection of a Mark
1. A registered mark shall be valid in the Republic of Lithuania only in respect of the goods
and/or services specified in the certificate of registration of the mark.
2. A proprietor of the mark may extend the list of goods and/or services for which the mark
has been registered only upon filing a new application in accordance with the procedure establishedby this Law.
Article 38. Rights of the Proprietor of the Mark
1. The proprietor of a registered mark shall have an exclusive right to prevent all third persons
not having his consent from using in the course of trade any sign:
1) which is identical with the registered mark in relation to goods and/or services which are
identical with those for which the mark is registered;
2) where, because of its identity with the regi stered mark covering identical or similar goods
and/or services, there exists a likelihood of confusion on the part of the public; the likelihood ofconfusion includes the likelihood of association between the sign and the mark;IP/N/1/LTU/T/1
Page 24
3) which is identical with or similar to the regi stered mark in relation to goods and/or services
which are not similar to those for which the mark is registered, where the latter has a reputation in theRepublic of Lithuania  and where use of that sign without due cause takes unfair advantage of or isdetrimental to, the distinctive character or the repute of the mark.
 2. The proprietor of the mark may prohibit the following under paragraph 1 of this Article:
1) affixing the sign to goods or to the packaging thereof;
2) offering the goods or putting them on the market or stocking, renting, lending or in any
other form disposing of them for these purposes und er that sign, or offering or supplying services
thereunder;
3) importing or exporting goods under that sign;
4) using the sign on business papers and in advertising;
5) manufacturing the sign or keeping specimens thereof with the intention of performing any
of the actions specified in subparagraphs 1-4 of paragraph 2  of this Article.
3. The following cases shall be deemed to constitute an infringement of the distinctive
character of a sign, indicated in subparagraph 3 of paragraph 1of this Article:
1) the sign is used as the name of a firm and this use is misleading the public due to the
similarity of the sign to a registered mark and of the goods and/or services for which the mark isregistered;
2) the reproduction or presentation of the sign in advertisements or in the media gives the
impression that it constitutes the generic name of certain goods and /or services.
Article 39. Limitation of the Effects of a Mark
1. The provisions of Article 38 of this Law shall not entitle the proprietor of the mark to
prohibit a third party from using in the course of trade:
1) his own personal name, surname  and/or address;2) indications concerning the kind, quality, quantity, intended purpose, value, geographical
origin, the time of production of the goods or of rendering of the service, or other characteristic of thegoods and/or services;
3) the mark where it is necessary to indicate the intended purpose of a product and/or service,
in particular as accessories or spare parts;
4) the mark in comparative advertisin g where such advertising is permitted.
2. The provisions of paragraph 1 of this  Article may be applied only provided they are used in
accordance with honest practices in industrial or commercial matters.IP/N/1/LTU/T/1
Page 25
Article 40. Exhaustion of the Rights Conferred by a Mark
1. Registration of a mark shall not entitle the proprietor to prohibit a third party from using it
in relation to goods which have been marked and put by the proprietor or with his consent on themarket of the Republic of Lithuania or any other state with which the Republic of Lithuania hasconcluded, in connection with the goods, bilateral or multilateral common market, customs union orsimilar international agreements.
2. Paragraph 1 of this Article shall not apply where there exist legitimate reasons for the
proprietor to oppose further commercialisation of the goods, especially where the condition of thegoods is changed or impaired after they have been put on the market.
Article 41. Registration of a Mark without th e Authorisation of the Proprietor of the
Mark
1. If a representative of the proprietor of the mark or another person applies, without such
proprietor’s authorisation, for the registration of the mark in his own name, the proprietor shall be
entitled to oppose the registration applied or demand its cancellation or the assignment in his favor ofthe said registration, unless such representative or person justifies his action.
2. In the case specified in paragraph 1 of this Article the proprietor of the mark shall be
entitled to bring an action before the court to  oppose the use of the mark, without the latter’s
authorisation, by his representative or any other person.
3. The proprietor of the mark shall be entitled to  exercise the rights set forth in paragraphs 1
and 2 of this Article not later than within three years from the date of coming to his knowledge of thefact of registration of the mark.
Article 42. Reproduction of a Mark in Dictionaries or in Other Similar Works
1. If the reproduction of a registered and valid mark in a dictionary, encyclopedia, book or
similar publication of professional nature gives the impression that it constitutes the generic name or
term of the goods or services for which the trade mark is registered, the author, publisher or editormust, at the request of the proprietor of the mark, ensure that the reproduction of the mark in the nextedition of the publication is accompanied by an indication that it is a registered mark.
2. Paragraph 1 of this Article shall also apply to publications in electronic form. .IP/N/1/LTU/T/1
Page 26
CHAPTER EIGHT
TRANSFER OF THE MARK, LICENSING AND RIGHTS IN REM
Article 43. Transfer of the Right to a Mark Applied for or a Registered Mark
1. The right to a mark applied for or a registered mark may be transferred, under agreement,
in respect of some or all of the goods for which it is registered, separately or together with business.Unless the agreement provides otherwise, the transfer of business shall include the transfer of the rightto a mark.
2. The right to a mark applied for or to a registered mark may be transferred in respect of one,
several or all of the classes the goods and/or services are classified in.
3. The transfer of a right to a mark applied for or a registered mark shall be recorded in the
Register of Trade Marks of the Republic of Lithuania upon the request of one of the parties to thetransfer, provided the following documents have been submitted to the State Patent Bureau:
1) a request to record the transfer;
2) a document certifying the transfer;3) a document  certifying the payment of a fixed fee;4) the power of attorney  issued to the representative (where appropriate).
4. The State Patent Bureau shall examine the submitted documents within a month’s period
from the day of receipt of the documents specified in paragraph 2 of this Article and, provided that thedocuments meet the requirements of this Article, sha ll record the data relating to the transfer of the
applied for or registered mark in the Register of Trade Marks of the Republic of Lithuania.
5. A transfer of the right to an applied for or  registered mark shall be invalid if the data
relating to the transfer has not been entered in the Register of Trade Marks of the Republic ofLithuania.
6. A transfer of the right to an applied for or registered mark shall become effective from the
date of recording of the data relating to the transfer of the right to the applied for or registered mark inthe Register of Trade Marks of the Republic of Lithuania. The data relating to the transfer of the rightto a registered mark shall be published in the Official Bulletin of the State Patent Bureau.
Article 44. Licensing
1. The proprietor of a mark may issue to a third party a voluntary exclusive or non-exclusive
license for marking some or all goods and/or servic es for which it is registered and for the whole or
part of the Republic of Lithuania.IP/N/1/LTU/T/1
Page 27
2. The license contract data shall be recorded in the Register of Trade Marks of the Republic
of Lithuania upon the request of the parties to the contract. The following documents shall besubmitted to the State Patent Bureau alongside with the request:
1) a document certifying the conclusion of the license contract signed by both parties or a
notarised extract from the license contract;
2) a document certifying the payment of a fixed fee;3) the power of attorney issued to a representative (where appropriate);3. The following must be indicated in the document certifying the conclusion of a license
contract or in an extract from the license contract:
1) the name or the personal name, surname and address (headquarters) of the proprietor of the
mark;
2) the name or the personal name, surname and address (headquarters) of the licensee;3) registration number of the mark for which the license is granted;
4) kind of license;
5) an indication as to the scope of the goods and/or services for which the license is granted;6) the time period of license;7) the territory in which the license is valid.4. The State Patent Bureau shall examine the received documents within one month from the
date of receipt of the documents specified in paragraph 2 of this Article and, upon ascertaining thatthe documents meet the requirements of this Article,  shall record the data relating to the conclusion of
the license contract in the Register of Trade Marks of the Republic of Lithuania.
5. A license contract shall have effect vis-a-vis third parties after entry in the Register of
Trade Marks of the Republic of Lithuania. The entered data relating to the license agreement shall bepublished in the Official Bulletin of the State Patent Bureau.
6. The proprietor of the mark may invoke the rights provided for by Article 38 of this Law
against a licensee who contravenes any of the provisions in his license contract with regard to itsduration, the form of use of a registered mark, the quantity of goods and/or services in respect ofwhich the license is issued, the territory in which the mark may be used or the quality of the goodsmanufactured or of the services provided by the licensee.
7. The provisions of paragraphs 1-6 of this Article shall also apply to the sublicense contract.
Article 45. Rights in Rem
1. The right to a  mark may be given as security according to the procedure laid down by the
laws of the Republic of Lithuania.IP/N/1/LTU/T/1
Page 28
2. Having been notified by the keeper of the Register of Mortgages about the right to the mark
given as security, the State Patent Bureau shall enter the relating data in the Register of Trade Marksof the Republic of Lithuania and publish a notice to the effect in the Official Bulletin of the StatePatent Bureau.
CHAPTER NINE
INVALIDATION AND REVOCATION OF THE REGISTRATION
Article 46. Invalidation of a Registration
1. Upon request by any interested person, the registration of a mark may be invalidated by the
court on the ground that the said mark does not comply with Articles 6 and 7 of this Law.
2. Having passed a decision of invalidation, the court shall send a copy of the effective
decision to the State Patent Bureau which shall re move the mark from the Register according to the
procedure laid down in Article 24 of this Law.
3. The registration of a mark may not be invalidated on the ground that it conflicts with an
earlier mark which does not meet the requirements of paragraph 2 of Article 47 of this Law.
4. Invalidation or revocation of a mark shall not be allowed if the proprietor of an earlier
registered mark has knowingly tolerated the use during five years of a later mark which has been thesubject of a bona fide  application, except where the coexistence would be liable to mislead the public
or be contrary to public order.
5. After the invalidation or revocation of a mark the issued registration certificate shall also be
declared invalid.
Article 47. Revocation of Registration
1. Upon the request of any interested party, the court may revoke the registration of a mark if,
following the date of registration:
1) the mark has become, in that part of business in which the good and/or service concerned is
traded or supplied, the common name for goods and/or services for which it is registered, as a resultof the treatment of the mark as a common name by the proprietor or of his inactivity  or due to suchtreatment of the mark by the others;
2) in consequence of the use made of it by the proprietor of the mark or with his consent in
respect of the goods or services for which it is registered, the trade mark is liable to mislead thepublic, particularly as to the nature, quality or geographical origin of those goods and/or services.
2. The registration of a mark may be revoked if, within a period of five years after the issue of
the registration certificate, a genuine use of the mark has not been started by the proprietor of theIP/N/1/LTU/T/1
Page 29
mark in the Republic of Lithuania  or the proprietor has not expressed serious intention to use the
mark in respect of the goods and/or services for which it is registered, or if the mark has not been putto genuine use for a period of five continuous years, except in cases where the use of the mark wasprevented by serious reasons, such as, e.g., restrictions on imports or other circumstances beyond the
proprietor’s control.
3. The following shall constitute use within the meaning of paragraph 2 of this Article:
           1) use of the mark in a form differing in elements which do not alter the distinctive character ofthe mark in the form in which it was registered in the Register of Trade Marks of the Republic of
Lithuania;
2) affixing of the mark to goods or to the packaging thereof in the Republic of Lithuania
solely for export purposes.
4. The mark shall be deemed to be used by its proprietor if it is used by another person with
the proprietor’s consent.
5. No one may claim that the registration of a mark should be revoked on the grounds referred
to in paragraph 2 of this Article, where, during the interval between expiry of the five-year period andthe filing of the application with court for revocation, genuine use of the mark has been started orresumed, except in the case provided for in paragraph 6 of this Article.
6. When adopting a decision on the revocation of the registration, the following circumstances
shall be disregarded:
1) the commencement or resumption of use within a period of three months preceding the
filing of the application for revocation with court;
2) the commencement of the use of the mark on the expiry of the continuous period of five
years of non-use;
3) preparations for the commencement or resumption occur only after the proprietor becomes
aware that the application for revocation may be or has been filed with court.
7. Upon revocation of the mark on the grounds referred to in this Article, revocation of
registration shall become effective from the date of coming into effect of the court decision.
Article 48. Decision regarding Refusal of Registration, Invalidation or Revocation of
Registration only in respect of some Goods and/or Services
Where a decision is taken to refuse registration, to invalidate or revoke registration in respect
of only some of the goods and/or services for which the mark has been applied for or registered, thedecision regarding the refusal of registration or invalidity or revocation shall cover those goods and/orservices only.IP/N/1/LTU/T/1
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CHAPTER TEN
DISPUTE SETTLEMENT. ENFORCEMENT OF RIGHTS
Article 49. Institutions having Jurisdiction in Disputes relating to Marks
1. The Appeals Division of the State Patent Bure au shall deal with disputes provided for in
Article 18 of this Law.
2. The Vilnius County Court shall deal with disputes relating to:1) decisions of the Appeals Division of the State Patent Bureau;2) invalidation of registration of a mark;3) revocation of registration of a mark;4) enforcement of the proprietor’s rights;5) recognition of the mark as well-known in the Republic of Lithuania.
Article 50. Enforcement of Rights
With the aim of protecting his infringed rights, the proprietor of the mark shall be entitled to
apply to court in accordance with the procedure prescribed by law, which may make a decisionrelating to:
1) recognition of rights;2) injunction to terminate all actions which infr inge or may infringe the rights specified in
Article 38;
3) reimbursement of losses or damage (including moral damage), caused to the proprietor of
the mark by actions which infringed the rights specified in Article 38, including lost income and other
expenses;
4) payment of compensation;5) re-establishment of  the situation that existed before the infringement;6) seizure and, where necessary, destruction of unlawfully used marks, devices or equipment
for the production thereof, also of goods when it is impossible to remove the marks unlawfully affixed
to them  as well as of other devices and equipment used for the infringement of the rights conferred byvirtue of this Law.
2. The proprietor of the mark shall be entitled to  bring an action for infringement. If he fails to
exercise the right, the action may be brought by the licensee, unless the license contract provides
otherwise.
3. The holder of an exclusive license may bring an action for infringement, even if the
contract provides otherwise, if the proprietor of the mark, after formal notice, does not himself bring
an action for infringement within an appropriate period.IP/N/1/LTU/T/1
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Article 51. Reimbursement of Losses and Damage. Compensation
1. The procedure for the reimbursement of losses and damage shall be regulated by the Civil
Code of the Republic of Lithuania and the provisions of this Law.
2. When assessing the amount of losses, the court shall take into account the substance of
violation, the amount of the inflicted damage and the lost income, as well as other expenses incurredby the proprietor of the mark. The unlawfully marked goods may be handed over by a court decisionto the proprietor of the mark, if requested.
3. Instead of the reimbursement of losses, the proprietor may claim compensation. The
amount of the compensation shall be determined according to the price of legal sale of a relevant goodor service by increasing it up to 200% or up to 300% if the infringer has committed the infringementdeliberately.
Article 52. Action by the Customs Authorities
Action by the customs authorities prescribed by the laws of the Republic of Lithuania shall be
taken with respect to goods bearing marks without authorisation, which are imported to or exportedfrom the Republic of Lithuania.
Article 53. Criminal Liability for Infringement of the Rights of the Proprietor of the
Mark
Criminal liability for the infringement of the rights of the proprietor of the mark shall be
established by the Criminal Code of the Republic of Lithuania.
CHAPTER ELEVEN
FINAL PROVISIONS
Article 54. Transitional Provisions
1. The marks applied for registration prior to the entry into force of this Law shall be
registered under the Law of the Republic of Lithuania on Trade Marks and Service Marks of 3 June
1993 No. I-173 (“ Valstybės žinios ” - ”Official Gazette ” 1993, No. 21-507; 1994, No. 89-1722; 1997,
No. 108-2733).
2. The rights of the proprietor of the marks registered prior to the coming into effect of this
Law shall be protected under this Law.IP/N/1/LTU/T/1
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Article 55. Recommendation to the Government
The Government shall by 1 January 2001 harmonise legal acts relating to the provisions of
this Law.
Article 56. Entry into Force of this Law
1. This Law, except for Article 55, shall enter into force as of 1 January 2001.
2. Upon entry into force of this Law, the following shall become invalid:1) the Law of the Republic of Lithuania on Trade Marks and Service Marks (“ Valstybės
žinios ” - ”Official Gazette ” 1993, No. 21-507);
2) the Law of the Republic of Lithuania on the Amendment to the Law of the Republic of
Lithuania on Trade Marks and Service Marks (“ Valstybės žinios ” - ”Official Gazette ” 1994, No. 89-
1722);
3) the Law on the Amendment and Supplement to Article 4 of the Law on Trade Marks and
Service Marks (“ Valstybės žinios ” - ”Official Gazette ” 1997, No. 108-2733).
I promulgate this Law enacted by the Seimas of the Republic of Lithuania
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
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