UNOFFICIAL TRANSLATION
 
Consolidated version as in force on September 1, 2022
 
 
 
 
 
REPUBLIC OF LITHUANIA
 
LAW ON TRADE MARKS
 
 
10 October 2000      No VIII
-
1981
 
 
Vilnius
 
 
 
CHAPTER I
 
GENERAL PROVISIONS 
 
 
Article 1. Purpose
, 
Subject
 
and Scope
 
of the Law
 
1. 
The purpose of this Law is to ensure legal protection of trade marks in the Republic of 
Lithuania.
 
2. This Law regulates the registration and legal protecti
on of trade marks (hereinafter 
referred to as
 
marks) in the Republic of Lithuania, including the validity of 
the 
registration 
of a 
trade mark 
and disputes settlement procedure, 
and 
establishes the rights of 
the proprietors of 
trade
 
mark
s,
 
and their protection.
 
3. This Law applies to any 
trade mark in
 
respect of goods or services which is
 
the subject of 
an application for registration of a trade mark filed with the State Patent Bureau of the Republic of 
Lithuania, or is registered under the procedure establis
hed by this Law, or is the subject
 
of an 
int
ernational 
registration of a 
trade
 
mark valid in the Republic of Lithuania. This Law also applies 
to marks that are widely kno
wn in the Republic of Lithuania
. 
 
2. The provisions of this Law have been harmonised with the legal acts of the European 
Union ind
icated in the Annex to this Law.
 
 
Article 2. Main Definitions Used in the Law
 
1. 
“Person”
 
means a natural or legal person, another organization or a subdivision thereof. 
 
2. 
“European Union trade mark”
 
means a mark as defined in Regulation (EU) No 
20177/10
01 of the European Parliament and of the Council of 14 June 2017 on the European Union 
trade mark (codified version) (hereinafter referred to as
 
the 
Regulation o
n the European Union 
Trade Mark
).
 
3. “
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. 
  
 
 
2
4. “
Geographical indication
” means a place name or other word or sign which directly or 
indirectly identify a good as orig
inating 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. 
“Exclusive license”
 
means 
a license under which the licenser who grants th
e licensee the 
right to use the mark loses the right to grant such right to other persons and 
is not entitled to 
exercise the rights 
granted to the licensee 
of the mark. 
 
6. 
“Designation of origin”
 
means the name of a region, a specific place or a country 
used to 
describe a product originating in that area, the quality or characteristics of which are essenti
ally or 
exclusively due
 
to a parti
cular geographical environment with
 
its inherent natural and human 
f
actors, and which is produced
,
 
processed and prepa
red in the defin
ed geographical area.
 
7. “
Collective mark
” means 
a collective mark,
 
which is indicated in the application as a 
collective and whereby the goods or services of the m
embers of a union of persons
,
 
which
 
is the 
proprietor
 
of the mark
,
 
can be distinguished from the goods or services 
of others. A union of 
person
s is considered to be an association of producers, service providers or traders or another 
public legal entity, as well as any other association of producers, service
 
providers or traders 
established in 
a foreign country that may hold 
rights and obligations
 
in their own name
, 
enter into 
contract
s
 
or perform other
 
legal acts
, 
to sue and 
be 
sued
.
 
 
8. “
License
” means 
the 
permission of the applicant or 
proprietor
 
of the 
tr
ade 
mark (licenser) 
granted to another person (licensee) to use a mark under the terms 
and conditions 
of the license 
agreement.
 
9. 
“Official symbols of the Republic of Lithuania“
 
means
 
the official or traditional (short) 
name of the Republic of Lithuania, 
the 
Lithuanian State (National) Flag
, the 
Historical (Armorial) 
Lithuanian  State Flag, the Fl
ag of the President of the Republic
 
of Lithuania
, the 
Lithuanian State  
Coats of Arm
, 
the national symbols of Lithuania
, national hallmark
s, 
and 
st
ate 
decorations.
 
10. “Non
-
exclusive license” 
means 
a license whereby the licenser
 
who has granted the 
licensee the right to use the mark retains the right to grant such right to other
 
person
s and/
or use the 
mark itself.
 
11. “
Nice Classification
” means the 
international classification of goods and services 
approved by the Nice Agreement concerning International Classification of Goods and Services for 
the Purposes of the Registration of Marks of 15 June 1957, as revised at Stockholm on 14 July 
1967, at Genev
a on 13 May 1977 and amended in Geneva on 2 October 1979.
 
12. “
Applicant
” means a person or several persons in whose name the application for 
registration of a mark is filed.
  
 
 
3
13. 
“
Guarantee or 
Certification mark”
 
means a 
trade 
mark
 
which is identified 
as such 
when the mark is applied for 
and which 
is 
capable of distinguishing goods or services which are 
certified by the proprietor of the mark in respect of material, mode of manufacture of goods or 
performance of services, quality, a
ccuracy or o
ther characteristics,
 
from goods and servi
ces which 
are not so certified.
 
14. 
“
Sublicense
” means the licensee’s permission granted to another person to use a mark
, 
which
 
is registered or in respect of
 
which registration is applied for,
 
in accor
dance with
 
the terms 
and condition
s
 
of a sublicensing contract.
 
15. “
International application
” means an application for the international registration of 
the mark filed 
pursuant to the Protocol relating to
 
the Madrid Agreement concerning the 
international
 
registration
 
of marks
 
(hereinafter referred to as the Madrid Protocol),
 
adopted
 
at 
Madrid on
 
27 June 1989
.
 
16. 
“
International registration of a mark
” means registration of a mark in the 
International Register of the International Bureau of the World Intellectual Property Organisation 
(
hereinafter
 
referred to as the
 
International Bureau
) under the 
Madrid 
Protocol.
 
17.
 
“
Gazette of International Marks 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 concerning 
international registratio
n of marks.
 
18. 
“Third country”
 
means a S
tate outside the customs territory of the Union as defined
 
in 
Regulation (EU) No 952/2013 
of the Europea
n Parliament and of the Council
 
of 9 October 2013 
(OJ 201
3 L 269, p. 1) laying down 
the Union Customs Code.
 
19.
 
“
Trade mark
 
a
pplication
” means a package of documents to be presented to the State 
Patent Bureau of the Republic of Lithuania according to the procedure prescribed by this law by the 
applicant in order to have his mark registered.
 
 
Article 3. 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 the ma
rk (above or below). 
 
 
Article 4
. 
Well
-
K
nown Mark
 
1. 
A mark 
may be recognized as 
well known
 
in the Republic o
f Lithuania 
if the results of its 
use or advertising indicate that it is well known by a particular part of the public.
  
 
 
4
2. 
A mark recognized as 
well known
 
in the Republic of Lithuania shall be protected 
even 
without registration thereof.
 
3. 
A mark shall be recog
nized as well 
known in the Republic of Lithuania through
 
a judicial 
procedure.
 
CHAPTER II
 
SUBSTANTIVE TRADE MARK
 
LAW
 
 
SECTION ONE
 
SIGNS OF WHICH A TRADE MARK MAY CONSIST
 
 
Article 
5
. Signs of which a Trade Mark may C
onsist
 
A trade mark may consist of any signs, in particular words, including personal names, or 
designs, letters, numerals, colours, the shape of goods o
r of the packaging of goods, or sounds, 
provided that such signs are capable of
:
 
1)
 
distinguishing the goods or services of one undertaking from those of other undertakings;
 
 
2) 
being represented on the 
Register of Trade M
ark
s
 
of the Republic of Lithuania 
(hereinafter referred to as the Register) in a 
manner, which
 
enables the competent authorities and 
the public to determine the clear and precise subject matter of the protection afforded to its 
proprietor.  
 
 
Article 6. 
Protec
tion for a Mark. Disclaimers
 
A mark constituted of elements ineligible for registration as separate (independent) marks 
may be protected only as a whole if there are no grounds laid down in paragraph 1 of Article 7 of 
this Law. Such elements shall be recog
nised as disclaimers and shall not extend the proprietor of the 
mark exclusive rights thereto. 
 
 
SECTION TWO
 
GROUNDS FOR REFUSAL OF REGISTRATION OR INVALIDATION OF A MARK 
 
 
Article 7
. 
Absolute Grounds for Refusal of Registration or Invalidation of a 
Mark
 
1. A 
mark s
hall be refused registration or 
the registration of a trade
 
mark shall be declared 
invalid if:
 
 
1) 
the mark
 
is composed of 
signs, which do not comply,
 
with the provisions of Article 5 
of this Law
;
 
2) the mark
 
is devoid of any distinctive character;
  
 
 
5
3
) the mark
 
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 the goods or of 
rendering of the service, the mode of production or other 
characteristi
cs of the goods and/or services, 
except as specified in paragraph 2 of
 
Article 30 and 
parag
raph 2 of Article 31 of this Law
; 
 
4)
 
the mark
 
consists only of such signs or indications that have 
become customary in the 
current language or in the 
bona fide
 
and established practices of the trade;
 
 
    
5)
 
the mark consists of:
 
        
a) the shape or other characteristics
, 
which results from the na
ture of the goods 
themselves;
 
        
b) the shape of goods or other characteristics
, 
which are necessary to obtain a technical 
result;
 
        
c) the shape or other characteristics
,
 
which gives substantial value to the goods;
 
   
 
6) 
the mark
 
is con
trary 
to good moral
 
or public policy
;
 
    
7) 
the mark
 
may
 
mislead the public, for instance as to the nature, quality or geographical 
origin of the goods and/or services;
 
8) the mark
 
consists of 
or contains 
the official 
symbols of the Republic of Lithuania, or it 
imitates them, unless the permission has been issued according to the established procedure by the 
Minister of Justice of the Republic of Lithuania;
 
9) the mark consists of other 
coats of arms or other insignias 
under the 
Law on the 
Nat
ional Coat of Arms, Coat of Arm
s, and Other Insignias of the Republic of Lithuania
, or 
is 
composed of or contains distinguishing marks of the public institutions the official use of which is 
governed by the law, unless consent has b
een obtained from the competent authorities
;
 
10) 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 refused 
or invalidate
d pursuant to Article 6ter of the Paris Convention for the Protection of Industrial 
Property of 20 March 1883
, as revised at
 
Stockholm on 14 July 
1967,
 
and amend
ed on 28 
September 1979 (hereinafter referred to as the Paris Convention)
, or contains such signs;
 
11) it consists of or contains a sign of high symbolic value, in particular a religious 
symbol;
 
12) it must be excluded from registration pursuant to 
European Union legislation or
 
international agreements to which the European Uni
on or the Republic of 
Lithuania
 
is
 
a
 
party, 
providing for protection of designations of origin and geographical indications;
 
13) it must be excluded from registration pursuant to European Union legislation or 
international agreements to which the European 
Union is 
a 
party, providing for protection of  
 
 
6
traditional terms for wine;
 
14) it must be excluded from registration pursuant to European Union legislation or 
international agreements to which the European Union is party, providing for protection of 
traditi
onal specialities guaranteed;
 
15) 
it consists of, or reproduce in their essential elements, an earlier plant variety 
denomination registered in accordance with European Union legislation or the Law on the 
Protection of Plant Varieties of the Republic of Li
thuania, or international agreements to which the 
European Union or the Republic of Lithuania is 
a 
party, providing protection for plant variety 
rights, and which is in respect of plant varieties of the same or closely related species;
 
2. 
A mark shall not 
be refused registration and its registration may not be invalidated in 
accordance with subparagraphs 2, 3 or 4 of paragraph 1 of this Article, if, before the date of 
application 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. A trade mark 
shall not be declared invalid for the same reasons if, before the date of application for a declaration 
of invalidity, following the 
use, which
 
has been made of it, it has acquired a distinctive character.
 
3. 
A trade mark shall be declared invalid where the app
lication for registration of a
 
trade 
mark was made in bad faith by the applicant and if 
the use of that trade mark is
 
prohibited
 
by a 
pers
on concerned in the manner provided in Article 58 of this Law
.
 
 
Article 8. Relative Grounds for Refusal
 
or
 
Invalidation of Registration 
 
1. A trade mark
 
shall not be registered or, if registered, shall be declared invalid where the 
person concerned objects the application or the registration of a mark in accordance with Article 56 
or 58 of this Law, if:
 
1) 
it is 
identical with an earlier mark, and the goo
ds 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 is 
registered;
 
2) 
because of its identity
 
with or similar
ity
 
to 
the earlier mark and 
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) 
it is identical with or similar to an earlier tr
ade mark irrespective of whether the goods 
or services for which it is applied for or registered are identical with, similar to or not similar to 
those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in 
the Rep
ublic of Lithuania or, in the case of an EU trade mark, has a reputation in the 
European 
Union and the use of the later trade mark without due cause would take unfair advantage of, or be  
 
 
7
detrimental to, the distinctive character or the repute of the earlie
r trade mark;   
 
4) an agent or representative, or a patent attorney of the proprietor of the trade mark 
applies for registration thereof in his own name without the proprietor's authorisation, unless the 
agent or patent attorney justifies his action;
 
5) i
t infringes other earlier rights, in particular:
 
a) a right to a name,
 
artistic pseudonym of a known person;
 
b)
 
a right of personal portrayal; 
 
c) a copyright;
 
d) an industrial property right.
 
2. 
Earlier mark
 
within the meaning of subparagraphs 1, 2 and 3
 
o
f paragraph 1 of this 
Article 
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 t
he mark specified in 
paragraph 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, o
f the priorities granted or 
claimed in 
respect of that mark;
 
3) a EU
 
trade mark with a date of application for registration pursuant to
 
the EU Trade 
Mark Regulation
, which is earlier than the date of application for registration of the trade mark 
referred 
to paragraph 1 of this Article, taking account, where appropriate, of 
the priority claimed or 
granted;
 
4) a EU
 
tr
ade mark which claims seniority
 
in accordance with the 
EU Trade Mark 
Regulation, from a trade mark referred to in subparagraph 1 or 2 of paragr
aph 2 of this Article, even 
when the latter trade mark has been 
surrendered or allowed to lapse;
 
5) 
applications for the trade marks referred to in subparagraphs 1 
-
 
4, subject to their 
registration
;
 
6) a mark which, on the date of application for registra
tion of the trade mark specified in 
paragraph 1 of this Article, where appropriate, of the priority claimed in respect of the application 
for registration of the trade mark, is well known in the Republic of Lithuania.
 
3. 
If the person concerned contests th
e trade mark application or registration in 
accordance with Article 56 or 58 of this Law, the mark shall not be registered or, if registered, shall 
be liable to be declared invalid in the cases and to the extent that, pursuant to European Union 
legislation
 
or the 
law of the 
Republic of Lithuania
 
providing for protection of designations of origi
n  
 
 
8
and geographical indications 
when the following conditions are met
:
 
1) an application for a designation of origin or a geographical indication had already been 
subm
itted in accordance with European Union legislation or the law of the Republic of Lithuania 
prior to the date of application for registration of the trade mark or the date of the priority claimed 
for the application, subject to its subsequent registration;
 
2) that designation of origin or geographical indication confers on the person the right to 
prohibit the use of a subsequent trade mark.
 
4. A mark shall be registered or 
registration of 
a trade mark
 
shall not be declared invalid 
where the proprietor of the earlier trade mark or other earlier right consents to the registration of the 
later trade mark.  
 
 
 
Article 9. Grounds for Refusal or the Invalidation of Registration Relating to Only 
Some of the Go
ods or Services 
 
 
Where 
the 
grounds for refusal of registration or for invalidity of a trade mark exist 
according to Article 7 or 8 of this Law in respect of only some of the goods or services for which 
that trade mark has been applied 
for 
or registered, r
efusal of registration of a trade mark or 
invalidity of registration shall cover those goods or services only.
 
 
 
          
Article 10.
 
Establishment 
a Posteriori
 
of Invalidity or Revocation of a Trade Mark
 
 
Wh
ere the seniority of a 
trade mark 
registered in
 
the Republic of Lithuania 
or of a trade 
mark registered 
under the Madrid Protocol 
having effect in the 
Republic of Lithuania
, which has 
been surrendered or allowed to lapse, is claimed for an EU trade mark, the invalidity or revocation 
of the trade mark p
roviding the basis for the seniority claim may be established a posteriori
 
(based 
on later 
circumstances
)
, provided that the invalidity or revocation could have been declared at the 
time the mark was surrendered or allowed to lapse. In such a case, the sen
iority shal
l cease to 
produce its effects.
 
 
 
Article 11. 
Lack of Distinctive Character or of Reputation of an Earlier Trade M
ark 
 
Precluding a Declaration of Invalidity of a Registered Trade M
ark
 
   
An application for a declaration of invalidity on the basis of an earlier trade mark shall not 
succeed at the date of application for invalidation if it the proprietor of the later trade mark proves 
the 
existence
 
at the filing date or the priority date of 
the later trade mark of 
any of the following 
circumstance
s: 
 
  
1) the earlier trade mark
,
 
liable to be declared invalid pursuant to Article 7(1)(2), (3) or (4), 
had not yet acquired a distinctive character as referred to in Article 7(2) of this Law;
  
 
 
9
  
2) t
he application for a declaration of invalidity is based on 
subparagraph 2 of paragraph 1 
of Article 8
 
whereas the earlier trade mark had not yet become sufficiently distinctive to support a 
finding of likelihood of confusion within the meaning of 
subparagr
aph 2 of paragraph 1 of Article
;
 
 
3) the application for a declaration of invalidity is based on 
subparagraph 3 of paragraph 1 
of Article 8
 
and the earlier trade mark had not yet acquired a reputation within the meaning of 
subparagraph 3 of paragraph 1 of 
Article 8
.  
 
 
Article 12. Preclusion of a Declaration of Invalidity Due to A
cquiescence
 
 
1. 
Where the proprietor of an earlier trade mark as referred to in 
paragraph 2 of Article 8
 
has 
acquiesced, for a period of five successive years, in the use of a later trade mark registered in the 
Republic of Lithuania while being aware of such use, that proprietor shall no longer be entitled on 
the basis of the earlier trade mark to apply for 
a declaration that the later trade mark is invalid in 
respect of the goods or services for which the later trade mark has been used, unless registration of 
the later trade mark was applied for in bad faith. 
 
2. Paragraph 1 of this Article shall apply to th
e proprietor of any other earlier right referred 
to in 
subparagraph 5 of paragraph 1 of 
Art
icle 8
.
 
3. In the cases referred to in this Article, the proprietor of a later registered trade mark shall 
not be entitled to oppose the use of the earlier right, ev
en though that right may no longer be 
invoked against the later trade mark.
 
 
SECTION THREE
 
RIGHTS CONFERRED BY A TRADE MARK AND LIMITATIONS
 
 
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 for which the mark is 
record
ed 
in the Register
. 
 
2. A proprietor of the mark may extend the list of goods and/or services for which the mark 
has b
een registered only upon filing a new application in accordance with the procedure established 
by this Law. 
 
 
            
Article 14. Rights of the Proprietor of the Mark
 
            
1. The registration of a trade mark
 
shall confer on the proprietor exclusive rights therein. 
 
            
2. Without prejudice to the rights of proprietors acquired before the filing date or the priority 
date of the registered trade mark, the proprietor of that registered trade mark shall b
e entitled to 
prevent all third parties not having his consent from using in the course of trade, in relation to goods 
or services, any sign where:
  
 
 
10
            
1) the
 
sign is identical with the mark in relation to goods and/or services which are identical 
with those for which the mark is registered;
 
             
2) 
the sign is identical with
,
 
or similar to
,
 
the trade mark
 
and is used in relation to 
goods or 
services 
which are identical with
,
 
or similar to
,
 
the goods or services 
for whi
ch the trade mark is 
r
egistered
 
if there exists a likelihood of confusion on the part of the public; the likelihood of 
confusion includes the likelihood of association betw
een the sign and the trade mark
;
 
3) the sign 
is identical with, or similar to, the trade mark in relation 
to goods or services 
which are not similar to those for which the trade mark is registered, where the latter has a 
reputation in the Republic of Lithuania and where use of that sign without due cause takes unfair 
advantage of, or is detrimental to, the dis
tinctive character or the repute of the trade mark.
 
 
            
3
. The proprietor of the mark may prohibit the following unde
r paragraph 2 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 them for those purposes, 
under the sign, or offering or supplying services thereunder;
 
            
3) importing or expor
ting goods under that sign;
 
            
4) using the sign as a trade or company name or part of a trade or company name; 
 
            
5) 
using the sign on business papers and in advertising;
 
            
6) using the sign in comparative advertising in a man
ner that is contrary to the requirements 
of comparative advertising under the Law on Advertising of the Republic of Lithuania.  
 
            
4. Without prejudice to the rights of proprietors acquired before the filing date or the priority 
date of the regis
tered trade mark, the proprietor of that registered trade mark shall also be entitled to 
prevent all third parties from bringing goods, in the course of trade, into the Republic of Lithuania 
where the trade mark is registered, without being released for fr
ee circulation in the territory of the 
Republic of Lithuania, where such goods, including the packaging thereof, come from third 
countries and bear without authorisation a trade mark which is identical with the trade mark 
registered in respect of such good
s, or which cannot be distinguished in its essential aspects from 
that trade mark.   
 
5. Paragraph 4 of this Article shall lapse if, during the proceedings to determine whether the 
registered trade mark has been infringed, initiated in accordance with 
Regu
lation (EU) No
 
608/2013 
of the European Parliament and of the Council of 12
 
June 2013 concerning customs enforcement of 
intellectual property rights and repealing Council Regulation (EC) No
 
1383/2003 (OJ 2013 L 181, 
p. 15), 
evidence is provided by the decl
arant or the holder of the goods that the proprietor of the 
registered trade mark is not entitled to prohibit the placing of the goods on the market in t
he country 
of final destination.
  
 
 
11
6. 
The proprietor of the mark shall also be entitled to prohibit use o
f the sign
 
other than use 
for the purposes of distinguishing goods or services, where use of that sign without due cause takes 
unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.
 
7.
 
The proprietor of the 
well
-
known mark shall also have the right to prohibit other persons 
from using, without having his consent, in industrial or commercial activities any sign which 
constitutes a reproduction, an imitation or a tr
anslation of the
 
well
-
known mark
 
and
 
which
:
 
1)
 
is 
liable to be
 
conf
used with
 
a well
-
known mark used for identical or similar goods 
or 
services
,
 
2) is 
liable to 
be confused 
with
 
a well
-
known mark 
in relation to goods 
or services which are 
not identical and similar to those u
nder the well
-
known mark, 
provided that use of that mark in 
relation to goods and services 
would indicate a connection between those goods and/or services
 
and 
goods 
or services under a well
-
known mark and provided that the interests of the proprietor of th
e 
registered well
-
known mark are likely to be damaged by such use. 
 
 
Article 15. The Right to Prohibit Preparatory Acts in Relation to the Use of Packaging 
or Other M
eans
 
Where the risk exists that the packaging, labels, tags, security or authenticity feat
ures or 
devices, or any other means to which the trade mark is affixed, could be used in relation to goods or 
services and that use would constitute an infringement of the rights of the proprietor 
of a trade mark 
under Article 14
(2) and (3), the proprietor
 
of that trade mark shall have the right to prohibit the 
following acts if carried out in the course of trade:
 
1) affixing a sign identical with, or similar to, the trade mark on packaging, labels, tags, 
security or authenticity features or devices, or any
 
other means to which the mark may be affixed;
 
2) offering or placing on the market, or stocking for those purposes, or importing or 
exporting, packaging, labels, tags, security or authenticity features or devices, or any other means to 
which the mark is a
ffixed.
 
 
Article 16.
 
Reproduction of a Mark in Dictionaries and
 
Works
 
If the reproduction of a mark in a dictionary, encyclopaedia or similar publication
, 
 
in print 
or electronic form, 
gives the impression that it const
itutes the generic name 
of the goods or services 
for which the trade mark is r
egistered, the 
publisher 
of the work shall
, at the request of the 
proprietor of the mark, ensure that the reproduction of the mark
 
is, without delay, and in the case of 
works in 
printed form at the latest i
n the nex
t edition of the publication, 
accompanied by an 
indication that it is a registered mark.
 
  
 
 
12
Article 17. 
Prohibition of the use of a trade mark registered in the name of a 
representative or a patent attorney
 
1. Where a tra
de mark is registered in the name of the representative or patent attorney of 
the proprietor of that trade mark, without the proprietor's consent, the latter shall be entitled to 
oppose the use of the trade mark by his representative or patent attorney
; an
d (or
) demand the 
assignment of the trade mark in his favour. 
 
2. Paragraph 1 of this Article shall not apply where the representative or patent attorney 
justifies his action.
 
 
Article 18. 
Limitation of the Effects of a Mark
 
1. A trade mark
 
shall not entitle the proprietor to prohibit a third party from using, in the 
course of trade: 
 
1) his own personal name, surname or address, where he is a natural person;
 
2) signs or indications which are not distinctive or 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 the goods and/or services;
 
3) 
the 
trade 
mark for the purpose of identifying or referring to goods or serv
ices as those of 
the proprietor of that trade mark, in particular, where the use of the trade mark is necessary to 
indicate the intended purpose of a product or service, in particular as accessories or spare parts.
 
2. The provisions of paragraph 1 of this 
Article shall only apply where the use made by the 
third party is in accordance with honest practices in industrial or commercial matters.
 
 
Article 19. Exhaustion of the Rights Conferred by a Mark
 
1. 
A trade mark 
shall not entitle its proprie
tor to 
prohibit
 
from marking with it the 
goods 
which have been
 
put 
on the European Union
 
market
 
by the proprietor of the mark or with his 
consent
.
 
2. Paragraph 1 of this Article shall not apply where there exist legitimate reasons for the 
proprietor to oppose fur
ther commercialisation of the goods
 
(used for generating a profit)
, 
especially where the condition of the goods is changed or impaired after they have been put on the 
market. 
 
 
Article 20. Use of Trade Marks
 
1. 
If, within a period of five years following t
he date of registration of a trade mark in the 
Register of Trade Marks, the proprietor has not put the trade mark to genuine use in the Republic of 
Lithuania in connection with the goods or services in respect of which it is registered (hereinafter  
 
 
13
referre
d to as the 
use of the mark), or if such use has been suspended during a continuous five
-
year 
period, the trade mark shall be subject to the limits and sanctions provided for in 
Article
 
21, 
Article 
23
(1), 
Article 57
(1) and (2), 
Article 59 (3) and (4) of th
is Law,
 
unless there are proper reasons for 
non
-
use.
 
2. 
With regard to trade marks valid in the Republic of Lithuania under the Madrid Protocol
, 
the five
-
year period referred to in paragraph 
1 shall be calculated from the date when the mark can 
no longer be rejected or opposed under Article 65 of this Law. Where an opposition has been 
lodged or when an objection on absolute or relative grounds has been notified, the period shall be 
calculated 
from the date when a decision terminating the opposition proceedings or a ruling on 
absolute or relative grounds for refusal became final 
or the opposition was withdrawn.
 
3. 
The following shall also constitute use within the meaning of paragraph 1and 2 of 
this 
Article
:
 
1) use of the trade mark in a form differing in elements which do not alter the distinctive 
character of the mark in the form in which it was registered, regardless of whether or not the trade 
mark in the form as used is also registered in th
e name of the proprietor; 
 
2) affixing of the trade mark to goods or to the packaging thereof in the Republic of 
Lithuania.
 
4. Use of the trade mark with the consent of the proprietor shall be deemed to constitute use 
by the proprietor.
 
 
Article 21
. Non
-
us
e of the Trade Mark as Defence in Infringement P
roceedings
 
1. The proprietor of a trade mark shall be entitled to prohibit the use of a sign only to
 
the 
extent that the proprietor‘
s rights are not liable to b
e revoked pursuant to Article 23
 
at the time the 
infringement action i
s brought
. 
 
2. 
If the defendant 
in the infringement action 
so requests, the proprietor of the trade mark 
shall furnish proof that, during the five
-
year period preceding the date of bringing the action, the 
trade mark h
as been put to genui
ne use as provided in Article 20
 
in connection with the goods or 
services in respect of which it is registered and which are cited as justification for the action, or that 
there are proper reasons for non
-
use, provided that the registra
tion procedure of the trade mark has 
at the date of bringing the action been complet
ed for not less than five years under 
paragraphs 1 or 2 
of 
Article
 
20.
 
 
Article 22. Intervening Right of the Proprietor of a Later Registered Trade M
ark as 
 
Defence in Infringement P
roceedings 
  
 
 
14
1. In infringement proceedings, the proprietor of a trade mark shall not be entitled to 
prohibit the use of a later registered mark wh
ere that later trade mark would not be declared invalid 
pursuant to Article 11, 
paragraphs 1 or 2 of 
Article 12
 
or 
paragraph 3 of Article 59
.
 
2. In infringement proceedings, the proprietor of a trade mark shall not be entitled to 
prohibit the use of a late
r registered EU trade mark where that later trade mark would not be 
declared invalid pursuant to 
paragraphs 1, 3 or 4 of 
Article 60
, paragraphs 1 or 2 of Article 61 
or 
paragraph 2 of Article 64 
of the EU Trade Mark Regulation.
 
3. Where the proprietor of a 
trade mark is not entitled to prohibit the use of a later registered 
trade mark pursuant to paragraph 1 or 2 of this Article, the proprietor of that later registered trade 
mark shall not be entitled to prohibit the use of the earlier trade mark in infringe
ment proceedings, 
even though that earlier right may no longer be invoked against the later trade mark. 
 
 
 
SECTION FOUR
 
REVOCATION OF TRADE MARK REGISTRATION
 
 
Article 23
. 
Absence of Genuine Use as Ground for R
evocation
 
1. 
A trade mark
 
shall be liable to revocation if, within a continuous five
-
year period, it has 
not been put to genuine use in the Republic of Lithuania in connection with the goods or services in 
respect of which it is registered, and there are no proper reasons for non
-
use.
 
2. 
No one may claim that the registration of a mark should be revoked on the grounds 
referred to in
 
paragraph 1 of this Article where, during the interval between expiry of the five
-
year 
period and filing of the application for revocation, genuine use
 
of the trade mark has been started or 
resumed, 
except as provided for in paragraph 3 of this Article.
 
 
3. 
When adopting a decision on the revocation of the 
trade mark 
registration, the 
commencement or resumption of use of a mark within a period of three m
onths preceding the filing 
of an appli
cation for revocation
, where the said thee
-
month period began at the earliest on expiry of 
the continuous period of five years of non
-
use of the mark and where preparations for the 
commencement or resumption occur only
 
after the proprietor of the mark becomes aware that the 
application for revocation may
 
be or has been filed
.
 
 
Article 24. Trade Mark Having Become Generic or Misleading Indication as G
rounds 
 
for 
R
evocation
 
A trade mark
 
shall be liable to revocation if, after the date on which it was registered
:
 
1) 
as a result of acts or inactivity of the proprietor of the mark, it has become the common 
name in the trade for a product or service in respect of which it is registered
;
  
 
 
15
2) 
a
s a result of the use made of it by the proprietor of the trade mark or with the proprietor's 
consent in respect of the goods or services for which it is registered, it is liable to mislead the 
public, particularly as to the nature, quality or geographical
 
origin of those goods or services.
 
 
 
Art
icle
 
25. Revocat
ion of Trade Mark Registration Relating to Only Some of the 
 
Goods or S
ervices
 
Where grounds for revocation of a trade mark
 
registration provided for in Articles 23 and 24 
of this Law exist in respect of only some of the goods or services for which that trade mark has been 
registered, revocation shall cover those goods or services only.
 
 
SECTION FIVE
 
TRADE MARKS AS OBJECTS OF 
PROPERTY
 
 
Article 26
. 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
 
in respect of some 
or all of the goods or services for which it is registered.
 
2. 
 
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 on request of one of the parties to the transfer, 
provided that a fixed fee set by the 
Law on Fees
 
for the
 
Regi
stration of Industrial Property Objects 
of the Republic of Lithuania
 
(hereinafter referred to as the “F/fee“) 
is paid 
and 
t
he following 
documents are
 
submitted to the State Patent Bureau
:
 
1) 
a request to record the transfer
;
 
2) 
a document certifying the transfer; 
 
3) 
the power of attorney issued to the representative (where appropriate);
 
4) 
a permission or an authorization issued to the successor in title as established in 
subparagraph 8, 9 or 10 of paragraph 1 of Article 7 of th
is Law (where appropriate)
.
 
3. 
O
ne joint request may be filed for the transfer of rights to two or more mark
s, provi
ded 
that, in each case, the
 
applicant or proprietor of the mark is the same and the same 
successor in title. 
The fee shall be
 
payable for ea
ch transfer of the right to the mark.
 
4. 
A transfer of the right to a mark applied for or a registered mark shall become effective 
from the recordal of the transfer
-
related data in the Register of Trade Marks of the Republic of 
Lithuania. The data relating
 
to the transfer of the right to a registered mark shall be published in the 
Official Bulletin of the State Patent Bureau if the application is published or the mark is registered 
in the Register. 
A transfer of the right to a mark applied for or a register
ed mark shall be invalid if 
the data relating to the transfer has not been entered in the Register of Trade Marks of the Republic  
 
 
16
of Lithuania.
 
 
Article 27. Licensing
 
1. The applicant or 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 services for which it is registered and 
for the entire or part of the Republic of Lithuania. 
 
2. 
The lic
ensing contract data shall be recorded in the Register of Trade Marks of the 
Republic of Lithuania at the request of one of the parties to the contract, provided that a fixed fee is 
paid and the following documents have been submitted to the State Patent B
ureau
:
 
1) 
an application for recordal of the licensing contract
;
 
2) 
a document certifying the conclusion of the licensing contract
;
 
3) 
the power of attorney issued to the representative (where appropriate)
. 
 
3. 
The following must be indicated in the docume
nt certifying the conclusion of a licensing 
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
 
or application 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 recordal data relating to the license shall be published in the Official Bull
etin of the 
State Patent Bureau if the application is published or the mark is entered in the Register.
 
5. 
At the request of one of the parties to the lic
ensing contract, the licensing contract may be 
removed from the Register. 
 
6.
 
The licenser may invoke the rights provided for by Article 14 of this Law against a 
licensee who contravenes any provision in the licensing contract with regard:
 
1) 
to its 
duration
; 
 
2) 
the form of use of a registered mark
;
 
3) 
the scope of the goods and/or services for which the license is granted
;
 
 
4) 
the territory in which the mark may be affixed
;
 
5) 
the quality of the goods manufactured or of the services provided by the 
licensee
.
 
7. 
Without prejudice to the provisions of the licensing contract, the licensee may bring 
proceedings for infringement of a t
rade mark only if its licenser
 
consents thereto. However, the  
 
 
17
holder of an exclusive licence may bring s
uch proceedings if
 
the licenser,
 
after 
receipt of 
formal 
notice, does not himself bring in
fringement proceedings within 30 days unless otherwise specified 
in the license agreement
.  
 
8. 
A licensee shall, for the purpose of obtaining compensation for damage suffered by him, 
be entitled to intervene in infringement proceedings brought by the proprietor of the trade mark
.
 
9. 
The provisions of paragraphs 1
-
8 of this Article shall also apply to the sublicensing 
contract.
 
 
Article 28. Rights in Rem
 
1. The right to a mark applied for or a registered mark may be given as security or seized 
(temporary restriction of the right to use, administer or dispose of the mark) according to the 
procedure laid down by the laws of the Republic of Lithuania.  
 
2. Having been notified by the keeper of the 
Register of contracts and restrictions of rights
 
about the right to the mark given as security or seized, the State Patent Bureau shall enter the 
relating data in the Register of Trade Marks of the Republic of L
ithuania and publish a notice to the 
effect in the Official Bulletin of the State Patent Bureau.
 
Supplemented by the paragraph of the Article:
 
No 
XIII
-
2736
, 19
-
12
-
2019, published in RLA, 06
-
01
-
2020, ID code 
2020
-
00123
 
 
Article 29. Levy of E
xecution 
 
1. 
The right to a mark applied for or a registered mark may be 
seized or 
levied in execution
  
according
 
to the procedure established by the Code of Civil Procedure of the Republic of Lithuania
.
 
2. 
Having been notified by the keeper of the Register of Property Seizure Acts about the 
seized mark or
 
levied in execution, the State Patent Bureau shall enter the 
relating data in the 
Register of Trade Marks of the Republic of Lithuania and publish a notice to the effect in the 
Official Bulle
tin of the State Patent Bureau
.
 
 
SECTION SIX
 
GUARANTEE OR CERTIFICATION MARKS AND COLLECTIVE MARKS
 
 
Article 30. Guarantee or C
e
r
tification Marks
 
1. A mark may be registered as a guarantee or certification mark 
provided the applicant is 
competent
 
to certify the goods or services for which the mark is to be registered and 
provided the 
applicant 
does not carry on a business involvin
g the supply of goods or services of the kind 
certified. 
  
 
 
18
2. 
Signs or indications
,
 
which may serve, in trade, to designate the geographical origin of the 
goods or services may constitute guarantee or certification marks. Such a guarantee or certification 
mark shall not entitle the proprietor to prohibit a third party from using in the c
ourse of trade such 
signs or indications, provided that third party uses them in accordance with honest practices in 
industrial or commercial matters. In particular, a mark may not be invoked against a third party who 
is entitled to use a geographical name
.
 
3. 
A certification mark shall be deemed used 
where genuine use of a guarantee or 
certification mark in accordance with Article 16 is made by any person w
ho has the authority to use 
it
. 
 
4. 
The provisions of Chapter III of this Law shall apply 
mutatis mutandis
 
to the registration 
of a guarantee or certification mark. 
 
 
           
 
Article 28. Right to a Collective Mark
 
            
1. A union (association, union, consortium, etc.) of persons s
hall have the right to file an 
application for 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. 
 
2. 
Signs or indications which may serve, in trade, to designate the geographical origin of the 
goods or services may constitute collective marks. Such a collective mark shall not entitle the 
proprietor to prohibit a third party from using in the course of tra
de such signs or indications, 
provided that third party uses them in accordance with honest practices in industrial or commercial 
matters. In particular, a mark may not be invoked against a third party who is entitled to use a 
geographical name.
 
 
         
    
Article 29. 
Regulations Governing 
Use of a Collective
 
Mark
 
            
1. 
An applicant for a collective mark shall submit the regulations governing its use
 
contain
ing
 
the following data:
 
 
            
1) the name and the headquarters of the union of per
sons in the name whereof an application 
for 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)
 
a reproduction of the mark in accordance with paragraph 2 of Article 38 (5) of this Law;
 
            
6) goods and/or services in respect of which the collective mark is applied for;
 
            
7) 
terms and conditions of the use of a collective mark;
  
 
 
19
            
6) rights and obligations of the union members in case of non
-
fulfilment of the conditions of 
use of a collective mark and infringem
ent of rights to it
.
 
           
2. The regulations governing use of 
a mark referred to in 
paragraph 2 of Article 31
 
shall 
authorise any person whose goods or services originate in the geographical area concerned to 
become a member of the association which is the proprietor of 
the mark, provided that the person 
fulfils all the other
 
conditions of the regulations
.
 
           
3
. A collective mark may be transferred only with the consent of all persons who are 
members of a 
union.
 
           
4. 
A collectiv
e mark shall be deemed used
 
where 
genuine use 
in accordance with 
Article 20 is made by at least one person who is a member of a union.
 
 
Article 33. Refusal of an Application for a Collective Mark
 
1.
 
An application for a collective mark shall be refused if:
 
1) there exists at least one 
of the grounds referred to in paragraph 1 or 2 of Article 7 of this 
Law;
 
2) there exists at least one of the grounds refe
rred to in Article 8 of this Law
;
 
 
3) 
it does not comply with the concept of a collective mark referred to in paragraph 7 of 
Article 2 of this Law; 
 
4) 
the provisions of Article 31 or paragraph 1 or 2 of Article 32 of this Regulation are not 
complied with;
 
5) 
regulations governing use of a col
lective mark are contrary to public policy or good 
morale;
 
6) 
the public is liable to be misled as regards the character or the significance of the mark, in 
particular if it is likely to be taken to be something other than a collective mark.
 
2. 
An applicat
ion shall not be refused 
and the collective mark may be registered according to 
the procedure established by this Law 
if the applicant, as a result of amendment of the regulations 
governing use of the collective mark, meets the requirements referred to in 
subparagraphs 
3 and 6 
of paragraph 1 of this Law
.  
 
3. 
The provisions of Chapter III of this Law shall apply 
mutatis mutandis
 
to the registration 
of a collective mark. 
 
 
Article 34. 
Amendments to the Regulations Governing Use of a Collective Mark
 
1. 
The proprietor or applicant of a collective mark shall submit to the State Patent Bureau 
any amended regulations governing use of a collective mark.  
  
 
 
20
2. 
Data on the amendments to the regulations governing use of a collective mark shall be 
entered in the R
egister at the request of the applicant or proprietor of the mark if the fee is paid 
and
 
the amen
ded regulations do not
 
involve one of the grounds for refusal referred to in 
paragraph 1 of 
Article 33
.
 
3. 
A
mendments to the regulations governing use 
of a collective mark 
shall take effect only 
from the date of entry of the ment
ion of those amendments in the R
egister. 
Data relating to 
amendments to the regulations governing use of a collective mark shall be pub
lished in the Official 
Bulletin of the State Patent Bureau if the application is published or the mark is registered in the 
Register. 
 
 
Article 35. Persons entitled to bring an action for infringement  
 
1. 
Paragraphs 7 and 8 of Article 27 shall apply 
mutat
is mutandis
 
to every person who has the 
authority to use a collective mark.  
 
2. 
 
The proprietor of a collective mark shall be entitled to claim compensation on behalf of 
persons who have authority to use the mark where those persons have sustained damage 
as a result 
of unauthorised use of the mark.  
 
 
Article 36
. Additional Grounds for R
evocation of the 
Registration of a Collective M
ark
 
 
In addition to the grounds for revocation provided for in Articles 23 and 24, the registration 
of a collective mark shall be revoked on the following grounds:  
 
1) the proprietor of a collective mark does not take reasonable steps to prevent the mark 
being
 
used in a manner that is incompatible with the conditions of use laid down in the regulations 
governing use of a collective mark; 
 
2) the manner in which the mark has been used by authorised persons has caused it to 
become liable to mislead the public in 
the manner referred to in subparagraph 6 of paragraph 1 of 
Article 33; 
 
3) an amendment to the regulations governing use of the 
collective mark has been entered in 
the R
egister in bre
ach of paragraph 1 of Article 33
.  
 
 
Article 37. Additional Grounds for I
nvalidity 
of the Registration of a Collective M
ark
 
Registration of a collective mark may be declared invalid if a collective 
has been
 
registered 
in breach of paragraph 1 of Article 33.
 
 
CHAPTER III
 
  
 
 
21
REGISTRATION OF A MARK AND OTHER PROCEDURES
 
 
SECTION FIRST
 
APPLICATION AND REGISTRATION
 
 
Article 38
. Filing of an Application
 
and Application Requirements
 
1. An applicant who wishes to register a 
mark must file an application with
 
the State Patent 
Bureau.
 
The applicant must
 
pay a fixed fee for filing of an application
.
 
 
2. A representative may also file an application on behalf of an applicant. Foreign natural 
persons who are not permanent residents of the Republic of Lithuania or any other EU Member 
State or any other State
 
of the European Economic Area and legal persons of foreign states who do 
not have a branch office or representative office registered in the Republic of Lithuania or a head 
office, a branch office or a representative office in any other EU Member State or
 
in any other State 
of the European Economic Area, shall, through a patent attorney of the Republic of Lithuania, file 
applications with
 
the State Patent Bureau and perform all actions relating to the registration of a 
mark
 
and international mark
, includin
g also representation at the Appeals Division.
 
 
3. One application shall be filed f
or the registration of one mark.
 
4. An application for registration of a
 
trade 
mark shall consist of:
 
1) a request for registration of a 
trade 
mark;
 
2) the power of attorney
 
given to a person, where the appli
cation is filed by a representative
;
 
 
3) a document attesting priority as speci
fied in paragraph 3 of Article 40
 
of this Law (where 
appropriate);
 
4) a permit 
or consent issued under subparagraphs 8, 9 
and 
10 of 
paragraph 1 of Article 7
 
of 
this Law (where appropriate); 
 
5) regulations governing 
use of a collective mark (where appropriate)
 
when filing an 
application for registration of a collective mark
;
 
 
6) 
a document certifying the right of the applicant to perfo
rm the certification function when 
filing an 
application
 
for 
registration of a guarantee or
 
certification mark;
 
7) 
consent of the owner of the ri
ghts according to paragraph 4
 
of
 
Article 8
 
of this Law 
(where appropriate).
 
 
5. A request for 
registration of a mark 
shall contain:
 
1) information identifying an a
pplicant and his representative;
 
2) a reproduction and description of the mark in respect of which registration is applied for
 
which satisfies the requirements set out in subpara
grap
h 2 o
f Article 5
;
  
 
 
22
3) 
goods and/or services in respect of which the mark is applied for, grouped according to 
the 
requirements of Article 41 of this Law
;
 
 
4) data on the payment of a fixed fee;
 
5) 
a state of filing of the first application, the number of such ap
plication and the date of its 
filing, the date or a state 
(where appropriate) 
of the display at an international exhibition 
which is 
official or officially recognised according to the Convention relating to international exhibitions 
signed at Paris on 22 N
ovember 1928 and supplemented by the protocols of 10 May 1948, 16 
November 1966, 30 November 1972  
and the Amendment of 24 June 1982 and the Amendment of 
31 May 1988 (
hereinafter referred to as the International Exhibition
). 
The submission of such 
information shall be regarded as a request claiming the priority;
 
 
6
) 
other data as specified i
n 
Regulations for the Registration of Trade Marks approved by 
the Director of the State Patent Bureau.
 
6. An application may contain a req
uest for registration of a mark in respect 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/or services indicated in the application.
 
 
Article 39. Date of Filing of Application
 
1.
 
The date of filing of a trade mark application shall be the date on which the request 
specified in subparagraph 1 of paragraph 4 of Article 38 of this Law containing at least the 
information specified in subparagraphs 1
-
4 of paragraph 5 of Article 38
 
of t
his Law
 
is filed with the 
State Patent Bureau by the applicant
.
 
2. 
In case of failure to submit at least one of the documents
,
 
li
sted in paragraph 1 of this 
Article
,
 
or non
-
compliance of the submitted documents with the requirements laid down in this Law 
o
r the Regulations
 
for the Registration of Trade Marks
, a date of filing shall not be accorded to the 
application. In this case, the application documents shall be returned to the applicant with the 
grounds for the inadmissibili
ty of the application indicat
ed.
 
3. 
Ha
ving checked and ascertained
 
that
 
the application contains information referred to in 
paragraph 1 of this Article, the State Patent Bureau 
shall, no later than one month after the date of 
rec
eipt of the request 
referred to in 
sub
paragraph 
1 of paragraph 4 of Article 38 of this Law
, 
recognise an application as having been filed and shall accord to it a date of filing and a number, 
and notify the applicant hereof.  
 
4. 
The application 
for which the filing d
ate has been accord
ed 
shal
l be subject to an 
examination pursuant to 
Article 42 of this Law and an examination of the mark pursuant to Article 
43 of this Law. If the applicant submits an application for an urgent examination and pays the  
 
 
23
established fee, the examination of the appl
ication and the examination of the mark shall be carried 
out within the time limit set by the Director of the State Patent Bureau. 
 
 
Article 4
0. Priority
 
1. The application may contain a request claiming the priority of one or more previous 
applications du
ly filed for the registration of one and the same mark in the State party to the Paris 
Convention or a member of the World Trade Organisation if the applicant or his successor in title 
files an application to the State Patent Bureau within a period of six 
months from the date of filing 
of the first application or applications.
 
 
2. The application may contain a request claiming the priority of the date on which the 
goods and/or services bearing the mark which is the subject of that applicat
ion were 
first displayed 
at the international exhibition
 
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 services under the mark at the 
exhibition.
 
 
3. An applicant who in
tends 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 administration of the international exhibition at
 
which 
the goods and/or services bearing the mark had first been displayed. The documents may be 
submitted at the time of filing of the application or within three months from that date.
 
 
4. If the State Patent Bureau finds that the requirements under para
graph 3 of this Article 
have not been fulfilled, the request referred to in paragraphs 1 or 2 of this Article shall be 
con
sidered not to have been made.
 
 
Article 41. Designation and Classification of Goods and Services
 
1. 
The goods and services in respect of which trade mark registration is applied for shall be 
classified in conformity with 
the Nice Classification valid at the date of filing of an application by 
grouping and assigning them to a particular class, 
each group 
being preceded by the number of the 
class to which that group of goods or services belongs, and shall present them in the order of the 
classes. 
 
2. 
The goods and services for which protection is sought shall be identified by the applicant 
with sufficient c
larity and precision to enable the competent authorities and economic operators, on 
that sole basis, to determine the extent of the protection sought. 
The general indications included in 
the class headings of the Nice Classification or 
other general terms 
may be used
 
provided that they 
comply with the requisite standards of clarity and precision set out in this Article.
 
The use of 
general terms, including the general indications of the class headings of the Nice Classification,  
 
 
24
shall be interpreted as inclu
ding all the goods or services clearly covered by the literal meaning of 
the indication or term and shall not cover goods or services
,
 
which cannot be so understood.
 
3. 
The State Patent Bureau
 
shall reject an application in respect of the goods or services
 
which are not in line with the requirements laid down in paragraphs 1 and 2
 
of this Article,
 
or 
Regulations for the Registration of Trade
 
Marks if the applicant fails to
 
provide the wording of the 
goods or services that meet the requi
rements of paragraph 
2 of this A
rticle and fails to
 
remedy the 
deficiencies identified by the State Patent Bureau.
 
4. 
The applicant must pay the fee referred to in 
paragraph 6 of Article 38 of this Law
 
if it is 
established that the goods or services specified in the application must be assigned to other classes 
of goods or services than the applicant has indicated.
 
5. Goods and services shall not be regarded as being similar to each other on the ground 
that 
they appear in the same class under the Nice Classification. Goods and services shall not be 
regarded as being dissimilar from each other on the ground that they appear in different classes 
under the Nice Classification.
 
 
Article 42. Examination of Ap
plication
 
 
1. 
Upon examination of the application, the State Patent Bureau shall verify whether the 
submitted application complies with the requirements set out in Articles 38, 40 and 41 of this Law.
 
2. 
Having identified any deficiencies 
during the examina
tion
 
of the application
, the two
-
month period from the d
ate of dispatch of the notice shall be d
etermined for their remedy
.
 
 
 
Article 43. 
Examination of the Mark
 
1. T
he State Patent Bureau shall carry out an examination of the mark with a vie
w to 
ascertaining whether
 
it satisfies the requirements 
paragraphs 1 and 2 of Article 7
 
of this Law.
 
2. Where a mark is not registrable under paragraphs 1 and/or 2 of Article 7, the State Patent 
Bureau shall adopt a decision to refuse the registration of the ma
rk in respect of all or some of the 
goods and/or services. The decision must indicate grounds and reasons for the refusal of the 
registration of the mark.
 
3
. The applicant shall have the right, within two months from the day of sending of the 
decision to r
efuse registration, to submit to the State Patent Bureau a written request for a re
-
 
examination.
 
4. The State Patent Bureau shall conduct a re
-
examination and adopt one of the following 
decisions:
 
1) 
to declare that the mark meets the requirements of para
graphs 1 and 2 of Article 7 of this 
Law; 
  
 
 
25
2) 
to maintain the decisi
on not to register the mark in respect of 
all or part of the goods or 
services. 
 
 
Article 44
. Written O
bservations by
 
Third P
arties
 
1. 
Prior to registration of a trade mark
, any person may submit to the State Patent Bureau 
written observations, explaining that 
the trade mark should be refus
ed 
on the 
grounds 
provided in: 
 
1) 
paragraphs 1 and (or) 2 of Article 7 of this Law;
 
2) 
Article 30 of this Law if it is a 
guarantee
 
or ce
rtification mark
;
 
3) 
subparagraphs 
1, 
3 
-
 
6 of paragraph 1 
of Article 33 
of this Law if it is a collective mark
.
 
2. 
Observations may be submitted before the expiry of the deadline
,
 
referred to in paragraph 
1 of Article 56 of this La
w or, if a notice of 
opp
osition is lodged against a trade mark application
, 
before the decision on the opposition is taken.
 
3. 
Persons submitting observations shall not be parties to the proceedings before the State 
Patent Bureau. 
 
4. 
The State Patent Bureau shall notify the appl
icant of the written observations received 
from third parties 
based on
 
which it has been 
decided to
 
resume 
examination of the trade mark, 
which, within one month from the date of dispatch of the notice, shall h
ave the right to submit to 
the 
State Patent Bureau replies
 
to the 
observations
.
 
 
Article 4
5. Filing of Appeal
 
1. An 
applicant 
who disagrees with the decision adopted by the State Patent Bureau during 
the re
-
examination shall have the right to file with the
 
Appeals Divisio
n of the State Patent Bureau, 
within two
 
months from the sending of the said decision, a written appeal with a substantiated 
request for a review of the findings of the examination. A fixed fee must be paid for the filing of an 
appeal.
 
2. 
A
ppeals shall be examined in written or oral proceedings at the Appeals Division. 
Appeals are commonly examined in written proceedings. 
When
 
an appeal is examined in written 
proceedings at the Appeals Division, an applicant and (or) its representative shall
 
not be invited to 
the proceedings and the examination shall be conducted in absence thereof. Appeals shall be 
examined in oral proceedings only in exceptional cases where the dispute is complicated or 
significant for formation of new practice of the Appea
ls Division. 
When
 
an appeal is examined in 
oral proceedings at the Appeals Division, the applicant and (or) his representative shall be invited to 
the proceedings
; 
however
,
 
failure to attend the proceedings shall not prevent from examination of 
an appeal. 
During the proceedings the word may be given only to applicants and (or) their  
 
 
26
representatives. Paragraph 3 of Article 61 of this Law shall apply 
mutatis mutandis
 
to the 
applicant’s rights and obligations in the course of an appeal.
 
3. The
 
Appeals Division shall examine appeals based on the following principles of 
independence and impartiality, collegiality, publicity, legality and fairness, prudence, equality of 
parties in procedure, adversary procedure, concentration and economy of the pro
cedure.
 
4. 
Following the examination of the appeal, the Appeals Division shall adopt one of the 
following decisions:
 
1) to grant the appeal and
 
declare that the mark 
meets the requirements of paragraphs 1 and 
2 of Article 7 of this Law 
in respect 
of all or
 
some of the goods 
or services;
 
2) 
to dismiss the appeal
. 
 
5. 
The Appeals Division shall notify the applicant in writing of the decision taken within 
five working days of its adoption. The decisions taken by the Appeals Division shall be published in 
the O
fficial Bulletin of the State Patent Bureau. 
 
6. 
The decision taken by the Appeals Division may be appealed to the Vilnius Regional 
Court within three months from the date of its adoption
.
 
7. 
After payment of the relevant fee, the appeal may also be filed 
against other decisions of 
the State Patent Bureau referred to in this Law within two months from the date of dispatch of such 
decision
. 
 
8. 
The procedure for examining appeals shall be laid down in the Regulations for 
the 
Examination of Appeals and R
equests for
 
a 
Declaration of Invalidity or Revocation of a Trade 
M
ark
.
 
 
Article 46. Publication of the A
pplication. Temporary Legal P
rotection
 
1. 
The State Patent Bureau shall publish the application data in the Official Bulletin 
of the 
State Patent Bureau when
: 
 
1) 
after the examination of
 
the application and the mark, it is established that the mark 
complies with the requirements of p
aragraph
s 
1
 
and 2 of Article 7 of this Law; 
 
2) 
having granted the appeal, it is recognized that the mark meets the requirements of 
paragraphs 1 and 2 of Article 7 of this Law
.
 
2
 
The State Patent Bureau, on its own initiative or
 
after receiving written obs
ervation
s from 
third parties pursuant to 
Article 44 of this Law, 
shall have the right, prior to the registration of the 
mark, 
to resume 
examination of the trade mark
 
for compliance with the requirements of paragraphs 
1 and 2 of Article 7
 
of this Law
.
 
3. 
The applicant may claim compensation for damage 
under Article 75 of this Law 
caused 
by a person who has violated his rights for actions taken after the date of publica
tion of the  
 
 
27
application under paragraph 1 of this Article, if, after
 
registration of the mark, he shall be 
entitled to 
prohibit such acts under the provisions of this Law. The court will make a decision on damages 
after the registration of the mark.
 
4. 
If 
the applicant withdraws its
 
application, the mark is not registered, is withdrawn at the 
request of the proprietor of the mark or the registration of the mark is contested by another person, 
the provisional legal protection referred to in paragraph 3 of th
is Article shall be deemed
 
not to have 
been granted to a
 
mark. 
 
 
Article 47. Registration of a Mark. Certificate of Registration of a Mark
 
1. The State Patent Bureau shall register the mark 
in the Register and publish 
information
 
of 
the 
registered 
mark in 
the Official Bulletin of the State Patent Bureau if 
no opposition has been fil
ed 
in accordance with the procedure laid down in Article 56 of this Law or it has been rejected 
in 
respect of 
all or part of the goods or services
,
 
or the decision of the Appeals
 
Division 
made in 
respect of this mark 
has not been appealed to a court under
 
paragraph
 
6 of 
Article 56 
of this L
aw
.
 
2. 
The State Patent Bureau shall issue a registration certificate to the proprietor of a 
registered mark which is a document certifying the entry of the mark in the Register of Trade Marks 
of the Republic of Lithuania and the exclusive rights of the proprieto
r of the mark to the registered 
mark
.
 
3. 
The form of the certificate of registration of a mark and the data recorded therein shall be 
established by the State Patent Bureau
.
 
 
SECTION TWO
 
REGISTER OF TRADE MARKS OF THE REPUBLIC OF LITHUANIA
 
 
Article 48
. Reg
ister of Trade Marks of the Republic of Lithuania
 
1. The Register of Trade Marks
 
of the Republic of Lithuania is a state register. The Ministry 
of Justice of the Republic of Lithuania shall be the manager of the said Register and the State Patent 
Bureau shall be the administrator of this Register. The Government of the Republic of Lit
huania 
may appoint an additional administrator of the Regis
ter of Trade Marks
.
 
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 the 
Republic of Lithu
ania approved by the Government (hereinafter referred to as
 
the Statute of the 
Register). 
 
 
Article 49. Object and Data of the Register of Trade Marks
  
 
 
28
1.
 
The object of the Register shall be 
the 
trade marks
.
 
2. The following data shall be recorded and stored in the Register of Trade Ma
rks
:
 
1) 
reproduction of the ma
rk or any other form of expression in accordance with paragraph 2 
of Article 5 of this Law;
 
2) 
type of the mark
; 
 
3) 
names of goods and/or services for which registration of the mark is applied for pursuant 
to Article 41 of this Law
;
 
4) 
date of filing of t
he application and its number
;
 
5) 
date of publication of the application
;
 
6) 
date of registration of the mark and its number;
 
7) the applicant’s name or personal name, surname and address (headquarters), including the 
address for correspondence
;
 
8) 
name or personal name, surname and address (headquarters) of the proprietor of the mark, 
including the address for correspondence;
 
9)
 
date of expiry of registration
;
 
10) 
priority date, the number of the first application and the State, provided that priority has 
been given under paragraph 1 of Article 40 of this Law; 
 
11) 
name of the 
I
nternational
 
E
xhibition, date of display of goods an
d/or services, provided 
that priority has been given under paragraph 2 of Article 40 of this Law;
 
 
12) 
personal name, surname, address (headquarters) of the representative, where he has been 
appointed, including the address for correspondence
;
 
13) 
an indic
ation that the mark is a collective or 
a 
guarantee or 
certification mar
k
;
 
14) 
other data relating to the registration, use and protection of the mark
;
 
15) 
grounds for and date of amendment of the data
.
 
3. All natural and legal persons shall have the right 
to use the data of the Register of Trade 
Ma
rks
 
according to the procedure laid down by the Regulations of the Register of Trade Ma
rks
.
 
4. Upon request, any interested persons may 
access 
the trademark files 
at the State Patent 
Bureau 
and obtain copies of the documents. A
ccess to the application documents prior to
 
its 
publication is only possible with the written consent of the applicant.
 
5. 
The fee, the amount of which shall be determined by the Director of t
he State Patent 
Bureau in accordance w
ith the procedure established by
 
the Government of the Republic of 
Lithuania, 
shall be paid for copies of data from the 
Register and documents submitted to the 
Register. 
 
6. 
Personal data shall be processed in accordance 
with this Law pursuant to
 
Regulation (EU) 
2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of  
 
 
29
natural persons with
 
regard to the processing of personal data and on the free movement of such 
data, and repealing Directive 95/46/EC (General Data Protection Regulation) 
(OJ 2016 L 119, p. 1) 
and 
the 
Law on Legal Protection of Person
al
 
Data 
of the Republ
ic of Lithuania. The
 
purpose of
 
processing 
of personal 
data 
of 
applicants,
 
proprietors of
 
trade
 
mark
s, o
ther rights holders, interested 
person
s and their representatives in the Register is to ensure the protection of exclusive rights to 
trade
 
marks as property objects and to 
inform the competent authorities and the public 
thereof
.   
 
 
Article 50. Recordal of Changes in an Application and in the Register of Trade Marks
 
1. The applicant or proprietor of the trade mark shall be responsible for submitting correct 
data to the State
 
Patent Bureau and its updating. An applicant or proprietor of the trade mark must 
submit a request to the State Patent Bureau to record changes in the application or in the Register if
:
 
1) 
the name or personal name, surname of the applicant or the proprie
tor of the mark or 
representative has changed; 
 
2) 
the addr
ess (headquarters) or address for
 
correspondence of the applicant or the proprietor 
of the mark or his representative has changed;
 
3) 
the representative of the applicant or the proprietor of the mark has changed
;
 
4) 
limitation of the list of goods and/or services
;
 
5) 
reproduction or other
 
form of expression of the mark applied for or registered has 
changed;
 
6) 
the applicant or the proprietor of the mark has changed if it is not a transfer of rights 
under Article 26 of this Law; 
 
7) 
technical errors must be corrected
;
 
8) 
other data 
in the a
pplication or 
the 
Register
 
changes
.
 
2. 
When requesting for the change to be recorded, the app
licant or 
the proprietor of 
the mark 
must 
submit the following documents
 
and data
:
 
1) 
request for recordal of changes in the application or in the Register
;
 
2) 
doc
uments substantiating the request where the recording of the changes specified in 
subparagraphs 3 or 6 of paragraph 1 of this Article is requested and data 
on changes 
requested 
to be 
recorded
;
 
3) 
data on the payment of the fixed fee, except where a change 
as referred to in 
subparagraph 2 or 3 of paragraph 1 of this Article is requested, 
or when it is 
requested to correct 
technical errors made by the State Patent Bureau
.
 
3. 
One application may be filed for recordal
 
of changes of the same type of data, except for 
the case referred to in 
subparagraph
 
5 of paragraph 1 of this Article, 
in 
multiple appl
ications of
 
the 
same applicant or 
registrations of trade marks of the proprietor of the mark. The fee shall be
 
paid  
 
 
30
for 
a change in each application or registration
 
of the trade mark
.
 
4. 
Changes in the mark applied for or 
the registered mark shall be recorded where
, in the 
opinion of the State Patent Bureau, the change is not related to the distinctive character of the mark
  
or does not substan
tially change the overall 
representation
 
of the original mark
. 
 
5. 
The change shall become valid from the date of its record
al in the application or in the 
Register. Changes in the application or Register shall be published in the Official Bulletin of the 
State Patent Bureau if the application or registered trade mark has been published
.
 
6. 
The State Patent Bureau may correct t
echnical errors on its own initiative
. 
 
7. 
A separate fee for changes shall not be paid to record the changes referred to in paragraph 
1 of this Article, except for paragraph 5 of paragraph 1 of this Article, in cases of the transfer of 
rights or renewal o
f 
the 
registration of the trade mark. 
 
 
Article 51. Removal of a Mark from the Register
 
1. A mark shall be removed from the Register if:
 
1) the Appeals Division declares the registration of the mark invalid or revokes it and this 
decision has not been appealed to the court within the time limit laid down in paragraph 9 of Article 
58 of this Law;
 
2) 
the decision of the Appeals Division on th
e 
invalidity or revocation of the registration of 
the mark
 
is upheld by a court decision
;
 
3) 
the registration of the mark has not been renewed according to the procedure laid down in 
Article 63 of this Law; 
 
4) 
the proprietor of the mark requests for the m
ark to be removed from the Register
;
 
5) 
the legal entity which is the proprietor of the mark is removed from the Register of Legal 
Entities
.
 
2. 
The State Patent Bureau shall remove the mark from the Register of Trade Marks 
following the receipt of one of t
he following documents: 
 
1) 
effective court decision by which the decision of the Appeals Division regarding the 
invalidation or revocation of the registration of the mark
;
 
2) 
a written request of the proprietor of the mark
;
 
3) 
a written request of the per
son and the supporting documents if the mark is requested to 
be removed in accordance with 
subparagraph
 
5 of paragraph 1 of this Article. 
 
3. 
After the Appeals Division takes a decision to declare the
 
registration of a mark invalid
 
or 
revoke it
,
 
if this de
cision has not been appealed to the court within the time limit laid down in 
paragraph 9 of Article 58 of this Law, or 
in case of failure to renew the registration of the mark  
 
 
31
according to the 
procedure laid down in Article 
6
3
 
of this Law, the mark shall b
e removed from the 
Register on the initia
tive 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.
 
 
SECTION THREE
 
OTHER PROCEDURAL PROVISIONS
 
 
Article 52. 
Division of 
a 
Trade Mark Application or Registration
 
1. When an applicant presents a written request and pays a fixed fee, an application covering 
some names of goods and/or services in respect of which a trade mark is applied for registration 
may become the subject of one original application and one or more divisional applications by 
dividing the names of the indicated goods and/or services in accordance with the procedure laid 
down by the Regulations. The names of the goods and/or services in
 
the divisional application may 
not overlap with the names of the goods and/or services
,
 
which remain in the original applica
tion or 
those
 
included in other divisional applications.
 
2. The divisional application shall preserve the filing date and any prior
ity date (if a
ny) of 
the original application
.
 
3. 
Registration of a trade mark may be divided during the duration of the registration of the 
trade mark, except the exemptions referred to in paragraph 4 of this Article. The provisions of 
paragraphs 1 and 2 
of this Article shall apply 
mutatis mutandis
 
to the division of registration of a 
trade mark
. 
 
4. 
Application or registration of a trade mark may not be divided, if the term specified in 
paragraph 1 of Article 56 of this Law has not expired, for those good
s and/or services in respect of 
which opposition has been submitted or declaration of invalidity or revocation of the trade mark has 
been applied for, until a relevant decision of the Appeals Division becomes effective or a decision 
of the court becomes bi
nding
.
 
5. 
A fee shall be paid for each divisional application or registration of the trade mark
.
 
6.
 
Applications relating to the initial application or initial registration of a mark, filed before 
the date of receipt of the application for division of the 
application or the registration of the mark at 
the State Patent Bureau, shall be deemed to have been filed and the fees, paid up to this date, shall 
also be
 
deemed to
 
have been 
paid for the separate application or the separate registration of the 
mark.
 
 
Article 53. 
Withdrawal of the Application
  
 
 
32
1. 
The applicant shall have the right to withdraw his application prior to the date of 
registration of the mark
. 
 
2. 
If the application has been published, the St
ate Patent Bureau shall publish a notice of
 
i
ts 
withdrawal in the Official Bull
etin of the State Patent Bureau
. 
 
 
Article 54. Requirements for the Documents Filed with the State Patent Bureau
 
1. The application for registration of a mark and other documents shall be filed with the 
State Patent Bureau
 
in the state language. If other documents are filed not in the state language, the 
applicant or the proprietor of the mark must within two months from the day of filing of the 
documents submit their translations into the state language.
 
2. The applicant, the proprietor of the mark, parties to the procedures for revocation or 
invalidity of the trade mark registration, or their representatives must 
indicate the official address 
for
 
correspondent, which must be in the Republic of Lithuania o
r another European Economic Area 
State. The State Patent Bureau shall send official correspondence in the official language to the 
address specified.
 
3. The power of attorney to represent the applicant or the proprietor of the mark shall be 
issued in a sim
ple written form. 
 
4. Documents filed with the State Patent Bureau shall be exempt from all legalisation.
 
5. The forms of applications and other documents submitted to the State Patent Bureau, 
including the manner of submission, the data to be entered ther
ein, the time limits for their 
submission and examination
, not set forth in this Law, shall be
 
set out in the 
Regulations for the 
Registration of 
Trade
 
M
ark
s
. 
 
6. 
Having established that the submitted documents do not comply with the requirements of 
this Law or the Regulations for 
the 
Registration of Trade
 
M
arks, the State Patent Bureau shall send 
a notification to the person who submitted the document
 
on
 
the identi
fied deficiencie
s and 
suggestions how to remedy
 
them. If 
the deficiencies are not remedi
ed within one month of th
e date 
of dispatch of the notification
, 
when this Law does not specify another term, the request shall be 
rejected
 
and 
the document shall be de
emed not to have been filed or the action not 
to 
have 
been 
performed. 
 
7. In the event of declaration of a state of emergency or a state
-
level situation of emergency 
or quarantine throughout the territory of the Republic of Lithuania and the resulting rest
rictions on 
free movement of persons or freedom of economic activities, the time limits for
 
fulfillment of 
actions established by this law
 
except for the deadlines for fulfillment of actions of the State Patent 
Bureau shall be suspended. 
When the restricti
ons are revoked, the time limits shall be resumed.  
 
 
33
Information on suspension and resumption of the time limits shall be published on the website of 
the State Patent Bureau.
 
 
RLA
 
note
. The suspension of the time limits referred to in paragraph 
7
 
herein above shall be applicable to the time 
limits which have not expired before adoption of Resolution No 207 of the Government of the Republic of Lithuania of 
14 March 2020 “On Declaring Quarantine on the Territory of the Republic of Lithuania” and the
 
time limits which 
started after entry into force of the afore
-
mentioned resolution. 
 
Supplemented with the paragraph of this Article 
 
No 
XIII
-
2860
, 21 April 2020, pub
lished in the Register of Legal Acts (
RLA
), 24 April 2020, ID code 
2020
-
08724
 
 
Article 55. Extension of Time Limits 
 
Following the filing of a written request and payment of a fixed fee by an applicant, a 
proprietor of a mark or a holder of an internationa
l registration, the time limits provided for in 
paragraph 2 of Article 42, paragraph 3 of Article 43, paragraph 1 of Article 45, paragraphs 1 and 6 
of Article 54, paragraphs 1 and 2 of Article 68 of this Law may be extended once but for not longer 
than two
 
months from the day of expiry of the initial time limit.
 
 
SECTION FOUR
 
PROCEDURES FOR OPPOSITION, REVOCATION AND 
INVALIDITY OF
 
REGISTRATION OF A 
TRADE MARK 
 
 
Article 56
. 
Opposition Procedure
 
1. 
Within a period of three months following the publication of the application, the 
interested persons may object to the application by filing a reasoned written opposition to the 
Appeals Division in accordance with paragraph 1 of Article 46 of this Law and 
pursuant to 
paragraphs 1, 2 and 3 Article 8 
of this Law
. 
The filing of opposition shall be subject to the payment 
of the fixed fee
.
 
2. 
A notice of opposition may be filed on the basis of one or more earlier rights, provided 
that they all belong to the same
 
proprietor, and on the basis of part or the totality of the goods or 
services in respect of which the earlier right is protected or applied for, and may be directed against 
part or the totality of the goods or services in respect of which the contested ma
rk is applied for
. 
 
3. 
One notice of opposition may be filed against one application. 
 
4. 
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 declar
e registration of the mark  invalid in 
respect of all or some of the goods and/or services
;
 
2) 
to reject the opposition
.
  
 
 
34
5. 
The p
arties shall be notified in writing of the decision of the Appeals Division within five 
working days of the date of its adoption. Decisions taken by the Appeals Division shall be 
published in the Official Bulletin of the State Patent Bureau. 
 
6. 
The decisi
on taken by the Appeals Division may be appealed against to the Vilnius 
Regional Court within three months from the day of adoption thereof
. 
 
 
Article 57. Non
-
use 
of the Mark as Defence in Opposition P
roceedings 
 
1. 
In opposition proceedings pursuant to Ar
ticle 56 of this Law, where at the filing date or 
date of priority of the later trade mark, the five
-
year period within which the earlier trade mark must 
have been put to genuine use as provided for in Article 20 of this Law had expired, at the request of 
the applicant, the proprietor of the earlier trade mark who has given notice of opposition shall 
furnish proof that the earlier trade mark has been put to genuine use as provided for in Article 20 of 
this Law during the five
-
year period preceding the filin
g date or date of priority of the later trade 
mark, or that proper reasons for non
-
use existed. In the absence of proof to this effect, the 
opposition shall be rejected. 
 
2. 
If the earlier trade mark has been used in relation to only part of the goods or s
ervices for 
which it is registered, it shall, during the examination of the opposition, be deemed to be registered 
in respect of that part of the goods or services only.  
 
3. 
Paragraphs 1 and 2 of this Article shall also apply where the earlier trade mark 
is an EU 
trade mark. In such a case, the genuine use of the EU trade mark shall be deter
mined in accordance 
with EU 
Trade Mark Regulation
. 
 
 
            
Article 58. Procedure for Revocation or Declaration of Invalidity of the 
Registration of 
a 
Trade Mark 
 
1. 
Any interested person seeking to invalidate or revoke the registration of the trade mark 
must submit a reasoned written request to the Appeals Division. A fee must be paid for filing an 
application for a declaration of inva
lidity or revocation
.
 
2. 
Registration of a trade mark may be revoked in accordance with Article 23 or Article 24 
of this Law
.
 
3. 
The registration of a mark shall be declared invalid if, at the time of examination of the 
application for
 
invalidation of the 
registration of the trade mark
, it is established that the trade mark 
should not have been registered because: 
 
1) 
there exists at least one of the grounds laid down in Article 7 of this Law;
 
2) 
there exists at least one of the grounds laid down in 
paragraphs 1, 2 and 3 of Article 8 this 
Law
.
  
 
 
35
4. 
An application for revocation or for a declaration of invalidity may be directed against a 
part or the totality of the goods or services in respect of which the contested mark is registered.  
 
5. 
An applicati
on for a declaration of invalidity may be filed 
based on
 
one or more earlier 
rights, provided they all belong to the same proprietor. 
 
6. 
One application may be directed only against one registration of the trade mark
.
 
7. 
The Appeals Division
,
 
having examining the application for declaration of invalidity or 
revocation of the registration of the trade mark, shall take one of the following decisions
:
 
1) 
grant the application and declare invalid the registration of the mark, or revoke it 
in 
respe
ct of 
all or part of the goods or services
;
 
2) 
reject the application
.
 
8. 
The p
arties shall be notified in writing of the decision of the Appeals Division within five 
working days of the date of its adoption. Decisions taken by the Appeals Division shall b
e 
published in the Official Bulletin of the State Patent Bureau. 
 
 
9. 
The decision taken by the Appeals Division may be appealed against to the Vilnius 
Regional Court within three months from the day of adoption thereof.  
 
 
Article 59. Non
-
use of the Trade
 
Mark as Defence in Proceedings Seeking a 
Declaration of Invalidity of the Registration of a Trade M
ark   
 
1. In proceedings for a declaration of invalidity based on a registered trade mark with an 
earlier filing date or priority date, if the proprietor of
 
the later trade mark so requests, the proprietor 
of the earlier trade mark shall furnish proof that, during the five
-
year period preceding the date of 
the application for a declaration of invalidity, the earlier trade mark has been put to genuine us
e, as 
provided for in Article 20 of this Law
, in connection with the goods or services in respect of which 
it is registered and which are cited as justification for the application, or that there are proper 
reasons for non
-
use, provided that the registration pro
cess of the earlier trade mark has at the date of 
the application for a declaration of invalidity been completed for not less than five years.  
 
2. 
Where, at the filing date or date of priority of the later trade mark, the five
-
year period 
within which the
 
earlier trade mark was to have been put to genuine use, as provided for in Article 
20 of this Law, had expired, the proprietor of the earlier trade mark shall, in addition to the proof 
required under paragraph 1 of this Article, furnish proof that the tra
de mark was put to genuine use 
during the five
-
year period preceding the filing date or date of priority, or that proper reasons for 
non
-
use existed.  
 
3. 
In the absence of the proof referred to in paragraphs 1 and 2, an application for a 
declaration of in
validity on the basis of an earlier trade mark shall be rejected
.
  
 
 
36
4. 
If the earlier trade mark
 
has been used in accordance with Article 20 of this Law in 
relation to only part of the goods or services for which it is registered, it shall, at the time of the 
examination of the application for a declaration of invalidity, be deemed to be registered i
n respect 
of that part of the goods or services only.  
‚
 
5. 
Paragraphs 1 to 4 of this Article shall also apply where the earlier trade mark is an EU 
trade mark. In such a case, genuine use of the EU trade mark shall be determined in accordance 
with the EU 
Trade Mark Regulation.  
 
 
Article 60. Consequence
s of Revocation and Invalidity of the Registration of a
 
Trade 
 
Mark
 
1. A registered trade mark shall be deemed not to have had effects 
ab initio
 
to the extent that 
the trade mark has been declared invalid.
 
2. A registered trade mark shall be deemed not to have had, as from the date of the 
application for revocation, the effects 
from the date of application for revocation of the registration 
of the
 
trade mark
, to the extent that the rights of the proprietor have be
en revoked. At the request of 
one of the parties, this
 
date
 
may be earlier i
f
 
one of the 
grounds for revocation occurred
.
 
 
Article 61. Procedure for Examination of Oppositions and 
Applications for Declaration
 
of Invalidity or Revocation of the Re
gistration of a
 
Trade Mark at the State Patent Bureau 
 
1. The Appeals Division, having accepted the opposition 
or application for a declaration 
of 
invalidity
 
or revocation of the registratio
n of the trade mark, shall send it to the applicant, the 
proprietor of the contested mark or his representative. 
 
2. 
The applicant or proprietor of the contested trade mark, or his representative must, within 
two months of the date of the opposition 
notice
 
or the application for a declaration of invalidity or 
revocation, 
submit a justifi
ed reply. 
Failure to file a justified reply shall be considered as a refusal to 
participate in the examination of the opposition or the application for a declaration of inva
lidity or 
revocation and shall not prevent the Appeals Division from examining the relevant dispute in the 
absence of the 
applicant
 
or proprietor of the contested mark, or his representative
. 
 
3. 
The parties to the dispute shall have the 
right of access to the materials
 
of the opposition 
or application for a declaration of
 
invalidity or 
revocation
 
of the registration of the trade mark
, 
making and receiving extracts a
nd copies (digital copies), fili
ng suspensions, providing evidence, 
raising questions to the other party at an oral hearing, 
submitt
ing requests and arguments, 
giving 
explanat
ions, contradicting other party’
s requests and arguments,
 
and 
obtaining
 
certified copies of 
the decisions of the 
Appeals Division (digital copies). The parties must exercise their procedural 
rights in good faith, must act to ensure that the dispute is dealt with promptly and fairly, and to  
 
 
37
provide appropriate representation and evidence. If a party is unable to atten
d the 
hearing of the 
Appeals Division for important reasons, it m
ust notify the Appeals Division and provide the
 
reasons. If the Appeals Division recognizes these reasons as impor
tant, the date of the hearing shall 
be postponed
.
 
4. 
Paragraphs 2 and 3 of Ar
ticle 45 of this Law shall apply 
mutatis mutandis
 
to the 
examination of oppositions and applications for a declaration of invalidity and revocation of the 
registration of the trade mark by a Board of Appeal. 
 
5. 
The procedure for examining 
oppositions and
 
applications for a declaration of invalidity 
and revocation of the registration of the trade mark shall be laid down in the Regulations for 
the 
Examination of Oppositions and Applications for a Declaration of Invalidity and Revoc
ation of th
e 
Registration of a
 
Trade Mark.
 
 
6. 
The parties shall be granted, at their joint request, a minimum of two months in the 
opposition proceedings or
 
applications for a declaration of invalidity or revocation of the 
registration of the t
rade mark in order to 
provide 
the possibility of a friendly settlement of the 
dispute, including mediation in the manner prescribed by the Law on Mediation of the Republic of 
Lithuania. 
 
7. 
A person who has filed an opposition notice or an application for a declaration of 
inval
idation or revocation of the registration of the trade mark shall have the right to withdraw it 
prior to the date of 
adoption of 
the decision
. 
 
 
SECTION FIVE
 
DURATION OF REGISTRATION OF A TRADE MARK AND RENEWAL
 
 
Article 62
. 
Duration of Registration of a Trade Mark
 
A mark shall be registered for a period of ten years from the date of filing of the application
.
 
 
Article 63
. 
Renewal 
 
1. 
Following the expiry of the period specified in Article 62 of this Law, registration of a 
mark 
might
 
be renewed in respect of all or only a part of goods and/or services each time for not 
longer than ten years. 
 
2. 
The State Patent Bureau shall notify the 
proprietor of the trade mark on the expiry of the 
registration at least six months before its expiration date. 
 
3. 
Registration of a mark shall be renewed on the decision of the St
ate Patent Bureau 
provided 
a fixed fee has been paid. 
If registration of the
 
trade mark is intended to be renewed in 
respect of part of the goods or services
,
 
or other data referred to in paragraph 7 of Article 50 of this
  
 
 
38
Law
 
is to be changed
, the fee shall be
 
paid 
and a request for renewal of registration of the mark 
containing t
he updated registration data shall be
 
submitted. 
 
4. 
A proprietor of the mark must submit a request for renewal of registration of the mark 
specified in paragraph 3 of this Article and pay the fee within the last six months of 
the 
registration 
of the mark.
 
5. 
Having paid the additional fee for the renewal of the registration of a mark provided for in 
the Law on Fees
 
for
 
the Registration of Industrial Property Objects, the proprietor of a mark may 
submit a request for renewal within a period of six months fo
llowing the day of expiry of 
registration of the mark.
 
6. 
Renewal of the registration of the trade mark shall take effect on the day following the 
expiry of the registration of the trade mark. Information relating to the renewal of the registration of 
a ma
rk shall be recorded in the Register and published in the Official Bulletin of the State Patent 
Bureau
.
 
7. 
If t
he application is filed and fixed fee
s are paid only 
in respect of 
certain classes of goods 
or services for which the mar
k is 
registered,
 
the registration 
of the trade mark shall be renewed only 
in respect of
 
the goods or services specified in the application for renewal of the 
registration of the 
trade 
mark. 
 
8. 
If the fixed fee is not paid within the period specified in paragra
phs 4 and 5 of this 
Article, the registration of the mark shall not be renewed and the mark shall be removed from the 
Register
.
 
SECTION SIX
 
INTERNATIONAL REGISTRATION OF A MARK
 
 
Article 64. Validity of the International Registration of a Trade Mark
 
1. From the date of the international registration of the trade mark extended to the Republic 
of Lithuania under paragraph 4 of Article 3 of the Madrid Protocol, or the date of territorial 
extension made subsequently to the international registration (here
inafter referred to as the 
subsequent territorial extension) under paragraph 2 of Article 3ter of the Madrid Protocol, the legal 
protection of the mark resulting from international registration shall be the same as the legal 
protection of the mark applied 
for registration in accordance with the procedure laid down by this 
Law. 
 
2. From the date of the international registration referred to in paragraph 1 of this Article, 
the legal protection of the mark shall be the same as if the mark had been registered i
n pursuance of 
the provisions of this Law, provided that the mark which is the subject of international registration 
has not been refused protection in the Republic of Lithuania in accordance with the provisions of  
 
 
39
paragraphs 1 and 2 of Article 5 of the Ma
drid Protocol or if such refusal has been withdrawn 
subsequently. 
 
3. The State Patent Bureau shall record the data relating to the international registration of 
the 
trade 
mark, extended to Lithuania, in t
he Register of Trade Marks
.
 
4. Data relating to the
 
international registration of the trade 
mark 
published in the Gazette of 
International Marks of the International Bureau
 
shall not be published repeatedly in the Official 
Bulletin of the State Patent Bureau.
 
 
Article 65. Invalidity and Revocation of Inter
national Registration
 
1. 
Where a mark which has been the subject of an international registration does not satisfy 
the requirements of 
paragraphs 1 or 2 of 
Article 
7, subparagraphs 3 
-
 
6 of paragraph 1 of Article
 
33 
or 
paragraph 2 of Article 41 of this Law or 
if an opposition is filed in the manner prescribed by this 
Law in respect of the registration of the mark, the State Patent Bureau shall notify the International 
Bureau within the time limit set by the Madrid Protoc
ol that the protection of the mark is fully or 
partially refused 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 
or revocation pursuant to the pr
ocedure established in Article 58 of 
this Law 
in the Republic of Lithuania. 
The State Patent Bureau shall inform the International 
Bureau of such final decision in accordance with the procedure established by the Madrid Protocol
 
3. 
Where the international 
registration of a mark is cancelled 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 for registration of the mar
k 
in the 
Republic of Lithuania 
according to the procedure l
aid down in this Law
. 
 
4. 
An application under paragraph 3 of this Article shall be deemed to have been filed on the 
day of the international registration of the mark or of the subsequent territori
al extension, with due 
regard being had, where appropriate, to the date of granting of priority, provided the following 
conditions are observed
:
 
1) 
the application is filed within a three month period following the cancellation of the 
international registr
ation 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 the requirements of Article 3
8 of this Law and the applicant 
has paid the fixed fee. 
 
 
Article 66. 
Filing of an International Application or of a Request for Subsequent 
  
 
 
40
Territorial Extension Based on an Application or Registration in the Republic of Lithuania 
 
1. 
An 
applicant or a proprietor of a mark who satisfies the requirements of subparagraph (i) 
of paragraph 1 of Article 2 of the Madrid Protocol must file an international application through the 
State Patent Bureau. A request for subsequent territorial extension
 
may be filed through the State 
Patent Bureau or presented direct to the International Bureau. An applicant must pay a fixed fee for 
the examination of an international application at the State Patent Bureau
.
 
2. 
The granting of priority under the provision
s of the Paris Convention may be requested 
while filing an international application or request for subsequent territorial extension
.
 
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 
and Common Regulations under the Madrid Agreement Concerning the International Registration 
of Marks and the Protocol Relating to that Agreement (herein
after referred to as the Common 
Regulations of the Madrid Protocol). 
 
4. 
The procedure for filing and examining an international application and a request for 
subsequent territorial extension at the State Patent Bureau shall be established in the Procedure
 
for 
Implementing the Madrid Protocol approved by the Director of the State Patent Bureau
.
 
 
Article 67. 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 national 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 38 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 the national registration by the i
nternational 
registration into the Register of Trade Marks of the Republic of Lithuania and shall publish the data 
in the Official Bulletin of the State Patent Bureau. 
 
 
Article 68. Special Provisions Applicable to
 
the
 
International Registration of a 
Trade 
Mark
 
1. If the holder of the international registration opposes the decision of the State Patent 
Bureau to refuse to grant protection because the mark does not satisfy the requirements of  
 
 
41
paragraph 1 or 2 of Article 7
 
of this Law, he shall be entitle
d to request re
-
examination within five 
months 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 Pate
nt Bureau shall be deemed final
.
 
2. 
If the holder of the international registrat
ion objects to the decision 
made by the State 
Patent Bureau refusing
 
to grant the protection on the grounds 
referred to in p
aragraphs 
3
–
6 of 
Article 
33 or 
paragraph 
3 of Article 
41 
of this Law, he shall b
e entitled to file, within two months 
from the day o
f dispatch of this
 
decision, an appeal to the Appeals Division according to the 
pr
ocedure set forth in Article 45 
of this Law. 
 
3. 
The interested persons shall have the right to file an opposition against, and third parties 
to file objections to the intern
ational registration of a mark within three months 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 satisfy the requirements of 
pa
ragraphs 1, 2 and 3 of Article 56 of this Law
.
 
4. 
The date from which the 
period of five years
 
of non
-
use of the mark
 
is calculated pursuant 
to paragraph 2 of Article 20 of this Law 
shall be entered in the Register. 
 
5. 
Data on a license issued by the prop
rietor of the mark of the international registration may 
be recorded in the Register according to the procedure established by Article 27 of this Law. 
 
6. 
If the 
mark
,
 
which is the subject of the international registration
,
 
is a collective mark, its 
proprietor must provide 
the regulations governing
 
use of 
the collective mark
 
and their translation 
into the official language within two months of the date of publication of the international 
registra
tion in the 
Gazette
 
of Intern
ational Marks
 
of the International Bureau.
 
7. 
If the mark
,
 
which is the subject of the international registration
,
 
is a guarantee or 
certification mark, its proprietor must provide a document certifying its right to perform the 
certification function and i
ts translation into the official language within two months of the date of 
publication of the international registration in the 
Gazette
 
of International Marks of the International 
Bureau.
 
8. 
Renewal of the international registration of a mark, 
payment of fees to the International 
Bureau and other issues related to
 
the
 
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 Im
plementing the Madrid Protocol. 
 
 
CHAPTER IV
 
DISPUTE SETTLEMENT. ENFORCEMENT OF RIGHTS OF THE PROPRIETOR  
OF A MARK
 
  
 
 
42
 
Article 69. 
Institutions having Jurisdicti
on in Disputes relating to Marks
 
1. The Appeals Division of the State Patent Bureau shall examin
e appeals 
in accordance 
with the 
mandatory pre
-
trial dispute resolution procedure
 
against
 
the decisions of the State Patent 
Bureau
 
referred to in this L
aw, oppositions 
and applications
 
for a declaration of
 
invalidity
 
or 
revocation of the registration
 
of the mark in the manner
 
prescribed by this L
aw, unless a 
counterclaim is filed 
with
 
court 
for 
a declaration of
 
invalidity
 
or revocation of the 
registration of 
m
ark in
 
examining
 
the dispute concerning the 
infringement of
 
the rights of the proprietor
 
of the 
mark
.
 
2. 
Vilnius Regional Court shall examine disputes relating to
:
 
1) 
decisions of the Appeals Division of the State Patent Bureau
;
 
2) 
infringement of the rights of the proprietor of the mark
;
 
3) 
invalidation or revoca
tion of the registration of a mark when a counterclaim is filed with 
court for a declaration of invalidity or revocation of the registration of mark in examining the 
dispute concerning the infringement of the rights of the proprietor of the mark
;
 
4) 
recogn
ition of the mark as well
-
known in the Republic of Lithuania
;
 
5) 
European Union
 
trade marks under the EU Trade Mark Regulation.
 
 
Article 70. 
Enforcement of Rights
 
1. The applicant, the proprietor of a trade mark
 
or their successors in title, when enforcing 
their rights, and the licensees of exclusive licences, when protecting the rights granted to them, shall 
be entitled to apply to the court in accordance with the procedure laid down by the law and to seek: 
 
1) recognition of the rights;
 
2) 
an injunction intend
ed to terminat
e the continuation of illegal
 
activities
;
 
3) 
prohibition to carry out activities by reason of which the rights may be actually infringed 
or the 
prejudice suffered
;
 
4) 
compensation for the m
aterial damage, including lost income and other incurred expenses
 
and, 
in cases referred to in Article 75 of this Law, 
 
non
-
material damage
;
 
5) 
application of other remedies set out by this Law and other laws.
 
2. 
In order to ensure enforcement of an injunc
tion intended to forbid the continuation of 
infringing activities, as well as an injunction intended to prevent activities by reason of which the 
rights may be actually infringed or the prejudice suffered, the court may, upon request of the 
persons referre
d to in paragraph 1 of this Article, order an infringer to 
lodge adequate assurance 
intended to ensure compensation for any possible prejudice. 
 
3. 
Where there is no fault in the activities, in connection with the infringement of the rights  
 
 
43
established by 
this Law, of a person in respect of whom an injunction to terminate the continuation of 
infringing activities or the corrective measures specified in Article 74 are applied, the court may, at the 
request of this person, order him to pay pecuniary compensat
ion to the injured party, if application of 
remedies
 
referred to in this paragraph of the Article would cause him disproportionate harm and if 
pecuniary compensation to the 
injured party appears reasonable and satisfactory.
 
4. 
The persons referred to in paragraph 1 of this Article, when enforcing their rights, shall be 
entitled to apply to the court for an 
injunction against intermediaries whose services are used by a 
third 
party to infringe the rights established by this Law. S
uch an injunction shall include the suspension 
of communication of information related to the infringement of the rights established by this Law 
or, if an intermediary is capable of performing this technically, the elimination of information 
infringing the
 
said rights, or prohibition to obtain information infringing these rights. Such 
compliance with the judicial decision shall not exempt an intermediary from the responsibility for 
any act or omission related to keeping or communication of such information,
 
which was the case 
before coming into effect of this decision. 
 
5. 
When hearing a case of infringement of the rights of the proprietor of a mark, the 
defendant shall be entitled to file a counterclaim for invalidation 
or revocation 
of the registration of 
the mark.  
 
6. 
The proprietor of a mark shall be entitled to apply to the court for an injunction against 
the use of an EU trade mark within the territory of the Repub
lic of Lithuania
 
concerning the 
conditions of accession
 
of
 
the Kingdom of Belgium, the Ki
ngdom of Denmark, the Federal 
Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, 
the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the 
Republic of Austria, the Portuguese Repub
lic, the Republic of Finland, the Kingdom of Sweden, the 
United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and 
the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the 
Republi
c of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the 
Republic of Slovenia, the Slovak Republic, concerning the accession of the Czech Republic, the 
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the Republic of Lithuania, the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and 
the Slovak Republic to the European Union Act concerning the conditions of accession of the 
Czech Republic, the Republic of Esto
nia, the Republic of Cyprus, the Republic of Latvia, the 
Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the 
Republic of Slovenia and the Slovak Republic
,
 
and the adjustments to the Treaties on which the 
Europ
ean Union is founded
,
 
provisions of 
Annex II: 
List referred to in Article 20 of the Act of 
Accession. 4. Company law. C. Industrial property rights
 
regarding the EU trade mark
.
  
 
 
44
7. 
Paragraph 2 of Article 69 of this Law, this Article, Articles 71, 72, 73, 74, 75 and 76 shall 
apply 
mutatis mutandis
 
to the enforcement of the rights to the geographical indications. 
 
 
Article 71. 
The 
Right to Obtain Information
 
1. 
The court, 
based on a ju
stified request of the claimant, 
may, during proceedings, order the 
persons to immediately provide information on the origin and distribution networks of the goods or 
services which infringe the rights established by this Law, particularly
:
 
1) 
the names or personal names and surnames 
and addresses of the 
manufacturers, di
stributors, 
suppliers and other 
previous holders of the goods (services) infringing the rights established by this Law, 
as well as the wholesalers and retailer
s for whom the ind
icated goods or services
 
have been intended
;
 
2) 
information on the quantities of the manufactured, delivered, received or ordered goods which 
infringe the rights established by this Law, as well 
as the price which has been paid or ought to have been 
paid f
or those goods or services. 
 
2. 
The infringers of the rights established by this Law, other persons who were in possession on a 
commercial scale of the goods infringing the rights established by this Law, who were using on a 
commercial scale the services i
nfringing the rights established by this Law or who were providing on a 
commercial scale the services which a third party used to infringe the rights established by this Law, as 
well as those
 
who were
 
indicated by the said persons as being involved in the 
production, manufacture or 
distribution of the goods infringing the rights established by this Law or the provision of the services 
infringing the rights established by this Law may be ordered to provide information referred to in 
paragraph 1 of this Artic
le
.
 
 
Article 72. 
Evidence
 
1. 
O
n application by a party which has presented reasonably 
available evidence sufficient to 
support its claims, and has, in substantiating those claims, specified 
evidence which lies in the control of 
the opposing party, the cour
t may, in accordance with the procedure laid down by the Code of Civil 
Procedure, order that such evidence be presented by the opposing party, subject to the protection of 
confidential information. A 
reasonable sample of a substantial number of products shall be considered by 
the court to constitute reasonable evidence of the infringement of the rights established by this Law. 
 
2. 
I
n the case of an infringement of the rights established by this 
Law, which has been committed 
on a commercial scale and under the conditions specified in paragraph 1 of this Article, the court may, in 
accordance with the procedure laid down by the Code of Civil Procedure, order that banking,
 
financial or commercial doc
uments be communicated by the opposing party, subject to the protection
 
of confidential information. In the event of failure to present such evidence without strong reasons within 
the time limit set by the court or where the use of the evidence is denied, 
the court shall have the right to  
 
 
45
take a decision on the grounds of the evidence presented to it.  
 
 
Article 73. 
Interim Measures and Measures for Preserving E
vidence
 
1. 
Application of interim measures and measures for preserving evidence shall be regulate
d by the 
Code of Civil Procedure and this Law
.
 
2. 
If there are sufficient grounds to suspect that the rights established by this Law have been 
infringed, the court may, in accordance with the procedure laid down by the Code of Civil Procedure, 
apply interi
m measures necessary to prevent imminent infringing activities, to promptly terminate 
infringing activities and to enforce a final decision of the court, that is
:
 
1) 
to forbid persons to commit an imminent infringement of the rights established by this Law
;
 
2) 
to order persons to temporarily terminate an infringement of the rights established by this Law
;
 
3) 
to forbid an intermediary to provide services to a third party who uses such services by 
infringing the rights established by this Law
;
 
4) 
to 
seize copies of the subject matters of the rights established by this Law as well as goods, 
prevent their entry into or remove them from the channels of commerce, if it is suspected that they are 
infringing the rights established by this Law
;
 
5) 
to seize t
he 
property of the persons suspected of infringing the rights established by this Law, 
which is possessed by the said persons or a third party, including the accounts of banks and other credit 
institutions; also to 
order the communication of bank, financia
l or 
commercial documents, or appropriate 
access to these documents in the case of an infringement committed on a commercial scale
;
 
6) 
to apply other measures laid down by the Code of Civil Procedure
.
 
3. 
If the interim measures which are referred to in sub
paragraphs 1 and 2 of paragraph 2 of this 
Article and which have been applied are being infringed and the infringement continues, the court may 
order the persons suspected of committing an infringement to
 
lodge adequate assurance intended to 
ensure that a 
person who has applied for interim measures will be compensated for a possible prejudice
.
 
4. 
The court shall have the right to
 
require the person who applies for interim measures to provide 
any reasonably available evidence in order to satisfy the court wi
th a sufficient degree of certainty that the 
said person or the person in whose interest interim measures are applied for is the holder or user of the 
rights established by this Law and that 
the applicant's right is being infringed, or tha
t such infringeme
nt is 
imminent
.
 
5. 
T
he court may, on application by a person who has presented reasonably available evidence to 
support his claims that the rights established by this Law have been infringed or are about to be infringed, 
may apply interim measures or measu
res for preserving evidence, subject to the protection of confidential 
information, thus 
preserve relevant evidence in respect of the alleged infringement, that is
:
  
 
 
46
1) 
to describe in detail the goods infringing the rights established by this Law and to sei
ze them, 
or only to describe them; 
 
2) 
to seize the products infringing the rights established by this Law 
and, in appropriate cases, the 
materials and 
implements used in the production and/or distribution of these products as well as the 
documents relating 
thereto
;
 
3) 
to apply other prompt and effective interim measures provided for in the Code of Civil 
Procedure.
 
6. 
Interim measures and measures for pre
serving evidence may be applied 
without the defendant 
having been notified or heard, in particular where 
any delay would cause irreparable harm to the 
applicant or 
where there is a demonstrable risk of evidence being destroyed.
 
Where interim measures are 
a
pplied without the defendant having been notified and heard, the defendant must
 
be given notice without 
delay, i.e. after the application of such measures at the latest. At the request of the parties, 
including a right 
to be heard, the interim measures may
 
be reviewed with a view to deciding, within a reasonable period 
after the notification of application of the measures, whether such measures must be modified, revoked or 
confirmed
. 
 
7. 
Where the applied interim measures or measures for preserving evidence
 
are revoked by the 
court or where they lapse due to any act or omission by the person who applied for them, or where a 
decision of the court establishing that there has been no infringement or threat of 
infringement of the rights 
established by this Law c
omes into effect, or where the person, who has applied for provisional measures 
or measures preserving evidence, does not institute proceedings within a period determined by the court, 
the defendant shall be entitled to request compensation for any injury 
caused b
y application of those 
measures
.
 
 
Article 74. 
Corrective Measures
 
1. 
The persons specified in paragraph 1 of Ar
ticle 70 of this Law shall be entitled to apply to the 
court and request that goods be 
recalled, removed from the channels of commerce in such a manner as to 
avoid any harm being caused to the said persons and to ensure the protection of their rights (e.g.
 
to 
remake the infringing goods into other goods or to apply similar measures), or to request that the goods, 
which the court has found to be infringing the rights established by this Law and, in appropriate cases, the 
materials and implements principally 
used in the creation or manufacture of 
the specified objects be 
destroyed
.
 
2. 
The measures referred to in paragraph 1 of this Article shall be applied regardless of other 
requirements of a person, applying for these measures, for compensation of the prejud
ice suffered as a 
result of the infringement of his rights. Su
ch measures shall be applied
 
at the expense of the 
infringer, 
without compensating and taking into account 
proportionality between the seriousness of the infringement  
 
 
47
and the measure applied as 
well as the legitimate interests of third parties.
 
 
Article 75. 
Recovery of Material and Non
-
Material Damage
 
1. The procedure for recovery of material damage shall be regulated
 
by the Civil Code and 
this Law
.
 
2. 
When assessing the amount of the actual dama
ge (losses) incurred as a result of the 
infringement of the rights established by this Law, the court shall take into account the substance of 
the infringement, the amount of the inflicted damage, lost income, incurred expenses, and other 
important circums
tances. Profit made by the infringer may, at the request of the persons specified in 
paragraph 1 of Article 70 of this Law, be recognized as losses. Goods infringing the rights 
established by this Law may be transferred to the holders of those rights upon 
their request. 
 
3. 
The amount of income lost by the persons specified in paragraph 1 of Article 70 of this 
Law shall be set by taking into account the amount of income which would have been made if the 
trade mark protected under this Law had been used legally (i.e. taking ac
count of the royalties 
which are usually paid for the legal use of the trade mark), as well as the specific circumstances 
which might have created conditions for making income (works performed by the right holders, 
implements used, negotiations for conclus
ion of contracts concerning the use of the trade mark, 
etc.). 
 
4. 
Instead of the recovery of the damage (losses) actually suffered by reason of the 
infringement of the rights established by this Law, the persons specified in paragraph 1 of Article 
70 of th
is Law may claim the payment 
which would have been due if the infringer had used the trade 
mark legally (i.e. had acquired permission), and where the infringement has been committed intentionally 
or through gross negligence 
–
 
the said persons may claim up 
to twice the amount of such payment
.
 
5. 
Where the infringer did not knowingly, or with reasonable grounds to know, engage in 
infringing the rights established by this Law (i.e. there is no fault in his actions), the court may, upon 
request of the persons s
pecified in paragraph 1 of Article 70 of this Law, order the recovery of profit 
made by the infringer. A total that the infringer has saved and/or made by infringing the rights established 
by this Law shall be regarded as the profit made by the infringer. 
The profit made by the infringer shall 
be ascertained and recovered regardless of whether or not the right holder would have made the same 
profit as the infringer. When ascertaining the profit made by the infringer, the right holder must provide 
only the e
vidence that would confirm the gross income received by the infringer; the amount of net profit 
of the infringer (after deducting the expenses) must be proved by the infringer. 
 
6. 
A person who has infringed the rights of the proprietor of the mark must co
mpensate for 
non
-
monetary damage. The amount of this damage in cash shall be determined by the court in 
accordance with the provisions of the Civil Code governing non
-
monetary damage.
  
 
 
48
 
Article 76. 
Publication of Judicial Decision
 
The court which takes a de
cision on the infringement of the rights established by this Law may, at 
the request of the persons speci
fied in paragraph 1 of Article 7
0 of this Law, order the infringer to 
disseminate at his own expense the information 
concerning the adopted decision, i
ncluding disseminating 
the decision in full or in part in the mass media or by any other means. A judicial decision or information 
concerning an adopted decision may be announced after the coming into effect of the decision, unless 
otherwise established by
 
the court. The manner and extent of dissemination of a judicial decision shall be 
laid down in this judicial decision. The persons speci
fied in paragraph 1 of Article 7
0 of this Law may 
request that the infringer pay in advance into the bank account, indi
cated by the court, a sum of money 
necessary to disseminate the information concerning an adopted judicial decision or an adopted judicial 
decision itself.
 
 
Article 77. 
Application of Customs Supervision Measures
 
 
Customs supervision measures 
determined by legal acts of the European Union and the 
Re
public of Lithuania shall 
be applied to the goods illegally bearing
 
a trade mark
 
infringing the
 
rights established by this Law
, which are imported from third countries 
in
to the Republic of 
Lithuania 
without being released for free circulation in the territory of the Republic of Lithuania, 
or 
are exported from it to third countri
es.
 
 
CHAPTER V
 
EUROPEAN UNION TRADE MARKS REGULATION. ADMINISTRATIVE 
COOPERATION
 
 
Article 78
. 
Application of the European Union Trade Mark Regulation
 
1. 
The State Patent Bureau shall be the central industrial property office under the EU Trade 
Mark Regulation
.
 
2. 
Vilnius Regional Court is the 
court, which
 
shall perform
 
the functions of the European 
Union Trade Mark Court under the European Union Trade Mark Regulation. 
 
3. 
On application by a party concerned which has filed with the court an original decision of 
the European Union Intellectual Property Office fixing the 
amount of cost
s along
 
with the attested 
translation of the said decision into the Lithuanian language, the Court of Appeal of Lithuania shall, 
not later than within five working days and in accordance with the procedure laid down in the Code 
of Civil Proce
dure, verify the authenticity of the decision of the European Union Intellectual 
Property Office and issue an order for the enforcement thereof. 
  
 
 
49
 
Article 79. Cooperation between the State Patent Bureau and the Industrial Property
 
Offices of other European
 
Union Member States 
 
1. The State Patent Bureau shall cooperate with the industrial property offices of other 
Member States of the European Union and with the European Union Intellectual Property Office for 
the promoting convergence of practices of examin
ation and registration of the trade marks and
 
tools,
 
and to ensure the protection of trade marks 
in the European Union
.
 
2. 
The State Patent Bureau shall be the designated body for the implementation of 
paragraphs 4 and 5 of Article 172 of the European Unio
n Trademark Regulation. 
 
 
 
I promulgate this Law enacted by the Seimas of the Republic of Lithuania 
 
 
 
PRESIDENT OF THE REPUBLIC 
 
 
 
 
 
 
VALDAS ADAMKUS
 
 
 
 
 
 
Annex to 
 
The Law on Trade Marks of the 
 
Republic of Lithuania 
 
 
EU LEGAL ACTS IMPLEMENTED BY THE LAW ON TRADE MARKS
 
 
1. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on 
the enforcement of intellectual property rights (OJ 2004 special edition, Chapter 17, Volume 2, p. 
32).
 
2. 
Direct
ive 2015/2436
/EC of the European Par
liament and of the Council of 16 December 
2015
 
to approximate the laws of the Member States r
elating to trade marks (new version) (OJ 2015 
L 336, p. 1
);
 
3. 
Regulation (EU) No 2017/1001 of the European Parliament and of t
he Council of 14 June 
2017 on the European Union trade mark (codified version) (OJ 2017 L 154, p. 1).