License agreements against national and international marks become valid in Lithuania vis-a-vis third persons from the date of their recordation with the national trademark office. The law does not establish any time limits for recordation of a license agreement after it has been signed – it can be done at any time.
License agreements may be recorded only after the mark has been registered. Licenses for pending marks are not recorded.
Licenses may relate to all or part of goods, exclusive or non-exclusive, with a limited or unlimited term of validity, granted for the whole territory or its part. The following documents need to be submitted for license agreement:
- a document in proof of a license agreement or a notarised extract from the license agreement;
- a document in proof of payment of the official fee;
- power of attorney (where appropriate).
Unlike CTM system, which now does not require proof of the license if the request for its recordal is filed by the holder of the mark, the national law demands that the document in proof of a license be signed by both parties.
There exists a standard form of document in proof of a license agreement. Using standard forms is less costly – there is no need for notarization and extra translation costs.
In case you do not use the standard form, the notarised document in proof of a license agreement should contain the following data:
- the name and address of the licensor (as it is recorded in Register);
- the name and address of the licensee;
- trademark registration number;
- kind of license (exclusive or not exclusive);
- indication of the goods and/or services for which the license is granted (license for part of goods is allowed);
- the license period of validity (fixed term or without time limitation);
- the territory (whole or part of Lithuanian territory).
The data about the licensing price or trademark value is not recorded and does not need to be indicated.
The official fee for recordation of a license agreement with the Lithuanian Patent Bureau is about 90 €.