Trademark registration
Trademark Registration โ This is a legal process carried out by a business or individual seeking to protect a newly created verbal mark, graphic logo, or a combination of both. Registering a trademark helps distinguish your brand from competitors offering similar products or services. While trademark registration may seem straightforward at first, navigating the Lithuanian legal system requires attention to important legal nuances and specific requirements. Understanding these details is crucial for a successful trademark application and long-term brand protection.
505,17 € without VAT
A trademark can be used starting one month after submitting the registration application.
- Complete document preparation;
- Online consultations.
- Fast and professional assistance from specialists;
- Remote consultations;
- Response within 1 business day.
Why Should You Register a Trademark?
Registering a trademark is essential for businesses that want to stand out from competitors and protect their unique identity in the marketplace. A trademark can include a wide range of visual elements, such as:
- Words or brand names
- Slogans
- Letters and numbers
- Logos and images
- Packaging design
- Shapes and colors
- Or any combination of these elements
A trademark typically represents a productโs name and symbol, helping consumers recognize and trust the brand. However, itโs important not to confuse a trademark with a company logoโthe logo identifies the company, while the trademark protects specific products or services. In some cases, both may be the same if a business uses a unified visual identity.
Another important aspect to consider is the territoriality principle. This means that if you register your trademark in Lithuania, it is legally protected only within Lithuanian borders. In other countries, the same or a similar trademark could be legally used by other businesses.
If your business operates internationally or plans to expand, you should consider registering your trademark at the EU level (through the European Union Intellectual Property Office โ EUIPO) or even globally via the Madrid System for broader protection.
Trademark Registration Process
1. Application Submission and Fees
To register a trademark in Lithuania, both natural and legal persons (individuals or businesses) are eligible to apply. The State Patent Bureau of Lithuania handles all trademark registrations. The standard application fee is โฌ180.
Please note that all fees must be paid before submitting the application. If you choose to submit your application electronically, you can make the payment during the submission process for added convenience.
Additional Fees:
If your trademark covers more than one class of goods or services, youโll incur an additional fee of โฌ40 per class. The classes are selected from the Nice Classification, a globally recognized system defined by the State Patent Bureau.
2. Application Examination
It is highly recommended to submit your trademark application electronically to streamline the process. After submitting, you will receive a confirmation email, and the initial assessment of your application will be completed within 5 business days. This assessment will be a preliminary review, and once itโs done, youโll receive a certificate of application receipt confirming that your application is under review.
3. Publication of Application Data in the Trademark Database
Once your trademark application is accepted, the details will be publicly announced. The information will be displayed on the State Patent Bureau website and officially entered into the Trademark Register database. This marks the beginning of the public inspection period where other businesses or individuals can challenge your trademark if necessary.
Trademark Expertise and Publication in the VTB Bulletin
Expert Evaluation of Trademark Application
Once your trademark application is submitted, it enters the evaluation phase, which is handled by an expert from the Trademarks and Designs Division. This evaluation typically takes up to 2 months. If you need a faster review, you can request an expedited evaluation for an additional fee. If there are any errors or omissions in your application, they can be corrected within 1-2 months.
Itโs important to note that the expertโs role is to evaluate your application based on official trademark requirements. The expert will not assess whether your trademark infringes upon existing trademarks or legal entities’ names. This means that they do not evaluate similarities with previously registered trademarks.
Publication of Trademark Application in the VTB Bulletin
Once the expert confirms that your trademark application is error-free, it will be published in the official VTB Bulletin (State Patent Bureau’s publication). At this point, your trademark will also receive temporary legal protection.
This temporary protection ensures that no one else can register a similar trademark during this phase. After publication, there is a three-month period during which third parties can file an objection, providing valid reasons why your trademark should not be registered.
Trademark Registration
If no objections are filed within the three-month period, your trademark will proceed to full registration. At this stage, a trademark registration certificate will be issued, granting you exclusive rights to use and protect your trademark in Lithuania.
Trademark protection lasts for 10 years from the registration date. After this period, you can renew your trademark protection indefinitely, as long as you continue to use and protect your trademark.
What to Consider When Registering a New Trademark
Before you register your trademark, it’s crucial to consider the following factors to ensure a smooth process and long-term protection for your brand:
- Conduct a Market Analysis. Itโs important to first check the market to ensure your proposed trademark doesnโt already exist or resemble existing trademarks. A thorough search helps avoid potential conflicts with other businesses and prevents future legal issues. Additionally, assess whether your trademark contains language or cultural errors, or includes any foreign terms that could cause confusion or be misunderstood in your target market.
- Evaluate the Goods or Services Offered. Trademarks are typically registered for a specific class of goods or services based on the Nice Classification system. Keep in mind that if you expand your offerings or enter new markets within the next 10 years, you will need to file additional applications for trademark protection in those new categories. This ensures your brand is fully protected as your business grows.
- Avoid Describing Your Product. When creating a trademark, it’s important not to describe the product or service it represents. For instance, avoid using terms that indicate quality, origin, or production date in the trademark. Descriptive marks are more difficult to register, as they fail to distinguish your goods or services from others. A strong trademark should be unique and distinctive to stand out in the market and pass the registration process.
Trademark Registration Timeline
- 1 month โ Application for examination (temporary protection granted).
- 6 months โ Trademark examination (information is entered into the trademark register).
- 3 months after examination โ Certificate is issued.
- A trademark can be used 1 month after submitting the registration application.
The entire process takes up to 9 months.
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