Conversion and Transformation
A mark applied or registered by one system may be transferred to another system of protection.
If the basic registration of the International mark extended to LT has been invalidated, the applicant may request transformation of the Madrid Protocol mark into a national one.
In case of refusal to register a СТМ (on absolute or relative grounds) it can be transformed (converted) into a national one preserving the priority date indicated in the CTM. The only exclusion for this rule is that the refusal was not connected with circumstances existing in Lithuania. The official fee to conversion of a CTM into a national mark is the same as for filing a national application.
Where a national mark, valid in Lithuania, is also the subject of an international registration:
- with designation to LT;
- in the name of the same person;
- for the same goods and services,
the international registration is deemed to replace the national registration. Upon request of the proprietor of the mark and payment of the official replacement fee, the data about the replacement will be recorded in the national trademark register and published in the national official bulletin. The effect of the replacement is that if the national registration is not renewed, the holder of the international mark will continue to benefit from the earlier rights acquired in Lithuania from the date of filing the national registration (or priority date where priority was claimed).
In general, the effect of such a replacement is similar to seniority claim in CTM system.
On your request we will provide you with the required documents and time terms to be observed.