Newsletters and Bulletins / February 2002 / Lithuania |
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Lithuania - New Trademark Law In compliance with European Union directives and the TRIPs agreement, Lithuania has enacted a new Trademark Law. We set out below some of the major provisions of the new law.
(1) Trademarks that will be refused registration include marks that are identical or confusingly similar to: the name of a firm which acquired prior rights to the name in Lithuania and which is engaged in trade in goods/services that are identical or similar to the goods/services covered by the proposed mark; marks which consist exclusively of signs or indications designating the kind, quality, intended purpose, mode of production or other characteristics of the goods or services; marks which can mislead the public as to the geographic origin of the goods; and marks which incorporate certain state, institutional or religious symbols. (2) Marks that are well-known as a result of use or advertising in the relevant public sector in Lithuania are protected against identical or similar marks. Well-known marks may also provide protection against marks for unrelated goods/services under certain circumstances. Well-known marks need not be registered in order to provide such protection. (3) Disclaimers of unprotectible elements of marks are expressly provided for in the new law. (4) Trademark owners may utilize the symbol ® marking for registered marks. (5) A provision for the exhaustion of rights is introduced. The owner of a registration may not bar use of the trademark in relation to goods which have been placed on the market by him or with his consent in Lithuania, or any other country with which Lithuania has an agreement. (6) Registrations obtained in bad faith may be invalidated. (7) A trademark owner may pledge or mortgage a mark. After the pledge or mortgage has been registered in the State Mortgage Register, such registration will be recorded in the Trademark Register and notice published in the Official Bulletin. (8) Exclusive or non-exclusive licenses of goods/services are permitted and must be recorded to be effective with respect to third parties. (9) New provisions allow for the possibility of increased awards for intentional infringement. |
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