Use Requirements

When filing an application there is no need to submit evidence of use or intention to start use of the mark. Neither there exist any officially fixed deadlines to submit such evidence later. The grace period to start use or make serious preparation to start use in Lithuania is 5 years from the date of grant of registration certificate.

 

Failure to start use of a mark obtained through national system or under Madrid protocol may result in a non-use court cancellation action initiated by third persons. Unlike CTM system, where non-use cancellation cases may be considered by OHIM, such disputes connected with national and Madrid marks do not fall into competence of the national trademark office and cannot be resolved in a prior-to-court proceeding – they are subject to consideration in  court proceedings. In case of International marks the 5-year period starts after expiration of the 18-month examination period.

 

The Lithuanian law provides that if a national mark has been indicated in seniority claim, it can be cancelled for non-use even after the national mark is no longer valid for the reason of non-renewal.

 

As yet in Lithuania there have not been reported non-use cancellation cases considered by Lithuanian court.  Some issues connected with interpretation and application of use provisions are still to be clarified however it is expected that there will be applied the major criteria used for CTMs. 

 

The national law does not contain provisions allowing to demand proof of use of the earlier mark after expiration of grace period and there has not been a single opposition case where an opposition would have been rejected for the reason of non-use of the earlier mark.

When filing an application there is no need to submit evidence of use or intention to start use of the mark. Neither there exist any officially fixed deadlines to submit such evidence later. The grace period to start use or make serious preparation to start use in Lithuania is 5 years from the date of grant of registration certificate.

 

Failure to start use of a mark obtained through national system or under Madrid protocol may result in a non-use court cancellation action initiated by third persons. Unlike CTM system, where non-use cancellation cases may be considered by OHIM, such disputes connected with national and Madrid marks do not fall into competence of the national trademark office and cannot be resolved in a prior-to-court proceeding – they are subject to consideration in  court proceedings. In case of International marks the 5-year period starts after expiration of the 18-month examination period.

 

The Lithuanian law provides that if a national mark has been indicated in seniority claim, it can be cancelled for non-use even after the national mark is no longer valid for the reason of non-renewal.

 

As yet in Lithuania there have not been reported non-use cancellation cases considered by Lithuanian court.  Some issues connected with interpretation and application of use provisions are still to be clarified however it is expected that there will be applied the major criteria used for CTMs. 

 

The national law does not contain provisions allowing to demand proof of use of the earlier mark after expiration of grace period and there has not been a single opposition case where an opposition would have been rejected for the reason of non-use of the earlier mark.

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