Legislation

It might be interesting to know that the first Lithuanian law on trademarks was adopted in 1925.

 

In 1991, soon after regaining independence there was established the Lithuanian State Patent Bureau that started creating the independent intellectual protection system.  In 1993 there was adopted the second trademark law and that law was in force till 2001.

 

A major part of the first national marks were former Soviet marks duly re-registered in Lithuania. The regulations for re-registration then in force did not allow for invalidation of such re-registered marks on absolute or relative grounds. 

 

The current national Trademark Law, which was approximated to the European Community trademark law, came into force from January 2001. Since then it has been amended, the latest amendments came into force on May 1, 2004 as a result of accession of Lithuania to EC. The amended law is applicable for marks filed after the above date.

 

Disputes involving marks filed under the law previously in force are considered applying provisions of that law. However the PTO and courts also take regard of interpretation of certain provisions in accordance with the new law. It should be noted that even before accession of Lithuania to European Community the Lithuanian Supreme court had ruled that  the European Court of Justice judgements shall be applicable in consideration of disputes in Lithuania.

 

Lithuania is a member to Paris Convention, thus claiming convention priority is allowed.

 

Lithuania is a member to Madrid Protocol, but not a member to Madrid Agreement.

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