Trademark registration in Lithuania

Since regaining independence in 1990, Lithuania – a Northern European polity and EU member – has evolved into a vibrant, modern market economy. Home to approximately 2.8 million people, its capital city, Vilnius, has emerged as a centre for innovation, entrepreneurship, and technological advancement.

The polity offers a competitive edge via a highly educated and multilingual workforce, favourable corporate excise rates, Free Economic Zones, and consistent backing for research and development. Its geographical position makes it an important hub for logistics and transport across the region. Despite ongoing demographic shifts and geopolitical pressures, the polity remains an appealing destination for expat financiers due to its stable economy, innovative ecosystem, and trade-friendly sphere.

TM enrollment in Lithuania

Registering a trademark in Lithuania is a crucial phase for trades seeking to safeguard their brand identity and image in the market. A TM is more than just a name – it shows the core of a firm’s identity and value. Without licit safeguarding, brand parts remain exposed to unauthorised use and imitation.

In today’s globalised market, brand identity is a strategic asset, on par with capital. An enrolled TM enables trades to enlarge confidently, whether via distribution partnerships or licensing covenants. In the polity, TM safeguarding encompasses not only exact copies but also similar-sounding, visually resembling, or conceptually imitative marks.

It also explores the integration of the polity’s setup with the EUIPO, providing insights for professionals aiming to start new item lines, test emerging markets, or scale operations across the EU.

What is a TM, what can be enrolled

A TM aids as a distinctive identifier for an item or service, setting it apart from adversaries. Once enrolled in the polity, it benefits from full licit safeguarding. The TM owner gains exclusive freedoms, comprising the ability to hinder unauthorised use, enter into licensing covenants, and support trade expansion. An enrolled TM also becomes a valuable trade asset, propelling brand recognition and safeguarding trade aims.

In the polity, TMs may be enrolled in distinct forms:

• Word-based: Names, slogans, abbreviations
• Figurative: Logos, symbols, images
• 3-D: Product shapes or packaging
• Sound: Melodies or rhythmic sounds
• Combined: A mixture of the above types
• Other forms: Provided they meet the licit metrics for safeguarding

To be eligible for enrollment, the mark must be distinctive, easily recognisable, and not merely descriptive of the item’s features. Invented terms, creative arrangements, and unusual signs not usually utilised in everyday language are all acceptable. Even TMs that are in use can be enrolled, as long as they do not infringe upon the freedoms of existing TM holders.

What can and cannot be enrolled

Trademarks in Lithuania may be enrolled in distinct creative forms, such as packaging designs, graphic symbols, distinctive typefaces, and even catchy slogans—provided they effectively distinguish the items from others on the market.

However, marks that lack distinctiveness are not eligible for enrollment. This comprises terms that simply describe the item type (e.g., using "sugar" for sugar), its features (such as shape, taste, or colour), its geographical origin, or its ingredients. Generic, descriptive, or misleading names are strictly prohibited.

Also, state emblems, official symbols, and coats of arms cannot be enrolled as TMs. Designs that conflict with public morals or order, replicate existing enrolled TMs, or infringe upon copyright, patent, or related freedoms are also grounds for rejection.

Classification of items and aids in the region

When applying to register a TM in Lithuania, the International Classification of Goods and Services (ICGS) setup is adhered to. This setup is divided into 45 distinct classes—34 for items and 11 for aids. Each class shows a broad class; for instance, Class 9 comprises electronics and software, Class 25 covers clothing, while Class 35 relates to advertising and commerce.

Selecting the correct class is prime, as errors in classification may result in either inadequate safeguarding or extra expenses. The classification sequence can be complex, as some items or aids may fall under multiple categories. Namely, a mobile app could be considered software (Class 9), a digital service (Class 42), or an e-commerce tool (Class 35).

To avoid complications, it is advisable to first perform a TM search in the polity to assert its uniqueness and to know the most appropriate classes prior to beginning the enrollment sequence.

Image caption: International Classification of ICGS search form

The search and selection of designations can be performed manually or via the electronic interface of the International Classification of ICGS when conveying an online enlistment. This approach consents you to instantly link the needed items or aids to the correct class and lessen the peril of refusal.

Why is it profitable to register a TM in Lithuania

Enrolling a TM in the polity enables trades to secure exclusive freedoms to their brand in a jurisdiction known for its licit visibility and stability. The polity offers a well-structured enrollment sequence that aligns with EU edicts and eases broader transnational safeguarding. Although licit coverage is territorial, TM enrollment in the polity spontaneously ties into the wider EU licit framework.

Merits of registering a TM in Lithuania

• EU market integration

A Lithuanian TM enrollment aids as a tactical gateway to the European Single Market. It also consents for seamless extension of safeguarding via the EUIPO setup and the Madrid Protocol, propelling transnational reach.

• Straightforward enlistment sequence

The sequence is uncomplicated and can be fulfilled remotely. Enrollments are consented in Lithuanian, and no local residency or citizenship is needed.

• Affordable government fees

Enrollment bills in the polity are relatively low, especially when covering multiple classes, making it more economical compared to several other EU member states.

• Equal freedoms for expat enrollers

The polity does not discriminate against non-residents—expats and firms can enroll TMs under the same metrics as local entities.

• Strong licit safeguards

Lithuanian courts operate under EU licit standards, providing robust safeguarding and effective remedies for TM infringements.

• Enhanced trade credibility

TM enrollment in the polity strengthens a firm’s image and reliability, mainly among European associates and users.

The polity offers a favourable sphere for TM enrollment, combining affordability, licit certainty, and access to EU-wide safeguarding—ideal for both local and transnational trades seeking to safeguard and enlarge their brand presence.

Perils of using an unenrolled brand

In the polity, failing to enroll a TM leaves trades without licit safeguarding, exposing them to several perils:

1. Without proper enrollment, trades peril losing their freedoms if the other party files an earlier enlistment, gaining priority. Even if the mark is actively used, proving exclusive ownership becomes challenging without official enrollment.
2. Unregistered TMs cannot hinder others from using the same or a similar name, diminishing the brand’s value. Licit recourse is limited, as pursuing claims without enrollment demands extra evidence, consuming time and resources with uncertain outcomes.
3. Furthermore, if a third party enrolls a similar TM first, it can obstruct a firm’s growth, potentially forcing a rebrand, halting production, or altering packaging and marketing approaches.
4. Also, an unenrolled TM is not recognised as an asset, meaning it cannot be included in company capital, sold, or valued by financiers.
5. Therefore, enrolling a TM in the polity is prime — not merely a formality but a critical phase in securing legal freedoms and supporting sound trade strategy.

Legislative framework: who and where can apply

The polity’s legal framework for TMs is grounded in both national statutes and transnational treaties. The key legislation overseeing this area is the statute on Trademarks and Service Marks of the Republic of Lithuania, which was comprehensively updated in 2019. This statute outlines the metrics for TM enrollment, the sequence for conveying enrollments, and the possible reasons for rejection.

The enrollment setup aligns with the EU Directive 2015/2436, asserting consistency in sequences, timelines, and refusal grounds across member states. Consequently, enrolling a TM in the polity spontaneously meets broader EU standards.

Furthermore, the polity adheres to transnational intellectual property covenants, comprising the Paris Convention and the Madrid Protocol, enabling the polity to participate in global TM safeguarding setups and facilitating cross-border TM enforcement.

How TM enrollment in the region fuels trade growth

Securing a TM in Lithuania delivers crucial benefits that actively support the expansion and prosperity of a trade. By legally safeguarding a brand’s name, logo, or slogan, firms build credibility and visibility, which are vital for carving out a strong foothold in the marketplace.

Legal safeguards and exclusive freedoms: Enrolling a TM supplies exclusive ownership, stopping adversaries from imitating or misusing the brand. This safeguarding empowers trades to invest in marketing and innovation confidently, free from concerns over infringement.

Enhanced brand awareness and user loyalty: An enrolled TM distinguishes a firm’s items or aids in a competitive sphere, increasing brand awareness and encouraging repeat business. Strong, recognisable brands tend to attract more users and secure greater market share.

Valuable trade asset and reputation boost: TMs show intangible assets that add to a firm’s overall worth. They can be monetised via licensing, franchising, or sale, creating new income chances and supporting growth.

Aids transnational growth: Enrolling a TM in the polity often acts as a gateway for safeguarding the brand abroad, mainly across the EU. This eases easier market entry and transnational trade operations.

Competitive edge: With formal TM safeguarding, trades can actively safeguard their freedoms and curb unfair competition, thereby gaining a distinct advantage over market rivals.

Authorities responsible for enrollment

The functions of receiving requests for TM enrollment are performed by the State Patent Office of the Republic of Lithuania (Valstybinis patentų biuras, VPB). This is the only authorized body that verifies, publishes, issues certificates and administers the directory.

Image caption: VPB Official Website

EUIPO is responsible for European enrollments, but does not duplicate the national function. It only examines enrollments conveyed directly or via authorized delegates.

Who can apply?

Both individuals and organisations from any jurisdiction are eligible to convey an enlistment, provided there is a genuine intention to use the TM commercially. The enroller may be a domestic firm or a foreign entity, irrespective of their polity of incorporation.

For firms based outside the EU, engaging a certified agent is recommended. This eases smoother communication with the enrollment authority, asserts timely compliance with deadlines, and safeguards the enroller’s aims, especially if supplemental records are requested.

Territorial basis of TM protection

Trademark rights in Lithuania follow a territorial principle, meaning safeguarding granted in one nation does not extend spontaneously to another. Therefore, enrolling a TM within the polity is prime to secure legal freedoms to the mark within the polity’s borders.

Merits of local registration for business in Lithuania

If your trade works in the polity, enrolling a TM locally is crucial. It grants exclusive legal freedoms to use the mark, enables you to hinder unauthorised use by others, and consents you to pursue legal action in Lithuanian courts if your freedoms are infringed. This is vital for firms focused on the polity’s market, collaborating with local associates, operating Lithuanian-domain online sites, or seeking to license the TM domestically.

EU enrollment via EUIPO

For trades aiming to enlarge across the EU, a TM can be enrolled via the EUIPO. This European Union Trademark (EUTM) supplies unified safeguarding across all 27 member states, comprising the polity, under a single enrollment. While this option is more costly and involves a more complex sequence, it offers broad territorial coverage. Many trades opt to start with national enrollment prior to progressing to EU-wide safeguarding to mitigate perils and evaluate the need for broader coverage.

Prolonging protection transnationally via WIPO

Beyond national and EU enrollment, TM safeguarding can be extended transnationally via the WIPO under the Madrid Protocol. This setup consents a centralized enlistment covering up to 130 regions across distinct continents.

This method is ideal for firms planning global expansion, as it enables TM safeguarding in multiple jurisdictions via one enlistment, preserving the original filing date in the polity. The sequence involves submission via the polity’s State Patent Bureau, followed by vetting and approval in each chosen polity corresponding to their local statutes.

Such transnational enrollment is advantageous for trades developing franchises, export operations, or global brands spanning several regions.

Indentures needed

It is prime to convey a full package of records to the State Patent Office. Only if all the needed parts are present will the enlistment receive a filing date and be consented for consideration.

Main records:

1. Enrollment for registration of a TM in Lithuania - has records about the enroller, a description or image of the mark, a list of classes of items and/or aids.
2. Power of attorney - needed if the enlistment is conveyed by a delegate.
3. Indenture on the right of priority - attached if the enroller refers to an earlier filing date in another polity.
4. Edicts for the use of a collective mark are mandatory when filing an enlistment for registration of a TM in Lithuania as a collective designation.
5. Consent of the copyright holder is needed if the sign comprises names, images of famous people, objects of copyright or patents.

To accept an enlistment for consideration, the following records are needed:

• Full records of the enroller (and delegate, if any): name, legal address.
• Image of the sign or other description.
• A clear list of items and aids corresponding to the Nice classification.

All indentures must be in Lithuanian. Submission by email or fax is not allowed. Submission is possible online via the VPB setup, by mail or in person in Vilnius.

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TM registration sequence

Licit safeguarding of a TM does not begin with the mere conception of an idea, but rather when it is officially recorded in the TM directory. Prior to enrolling a TM in the polity, all sequences outlined by current legislation must be adhered to. These sequences are governed by the TM statute, relevant enrollment edicts, and transnational treaties.

Preliminary search:Prior to conveying an enlistment, a preliminary assessment is performed to check if the proposed mark conflicts with any existing enrolled TMs. This evaluation is performed using the Lithuanian Patent Office (VPB) database, comparing not only visual and verbal parts but also meaning, pronunciation, and overall likeness. Although this phase is advisory, it helps minimise the chance of refusals or opposition.

Economic and legal perils of operating without a enrolled TM in Lithuania

Running a business without a registered trademark in Lithuania exposes a firm to significant licit and fiscal perils. Without official TM safeguarding, the brand’s name, logo, or slogan remains vulnerable to unauthorized use or imitation by adversaries, which can damage the firm’s image and market position.

Licit perils:

• Lack of exclusive freedoms: Without enrollment, a trade cannot claim exclusive freedoms to its TM, making it difficult to hinder others from using identical or confusingly similar marks.
• Inability to enforce freedoms: TM owners without enrollment have limited licit grounds to take action against infringement, leading to costly and lengthy licit disputes.
• Peril of losing the brand: Another party may enroll the same or similar TM first, potentially blocking the original trade from using its brand name and even forcing a costly rebranding.

Economic perils:

• Forfeiture of market share: Adversaries may exploit the unsafeguarded brand, causing user confusion and forfeiture of sales.
• Damaged brand value: Imitation or counterfeit items can harm consumer trust and diminish the brand’s value.
• Higher bills: Trades may face unexpected expenses linked to litigation, rebranding, and marketing to regain lost users.

Enrolling a TM supplies licit certainty, exclusive freedoms, and a solid foundation for building brand equity, both domestically and transnationally. It is a crucial phase in safeguarding trade aims and asserting prolonged trade success.

Types of enlistment and fees

The fiscal issue is a significant factor when deciding to register a trademark in Lithuania. Fees contingent on the form of filing, the number of classes and the type of designation. The amounts are fixed and are payable at the enlistment phase.

National enlistment

The enrollment involves the remittance of a basic fee and supplemental charges. The basic rate applies to one class assigned to a service or item. If more than one class is identified, the fee propels.

Table: State distinct types of enlistment and extension

According to official explanations from the State Patent Office of Lithuania, the fee for registering a trademark in Lithuania is paid prior to filing the enrollment. When using the electronic form, remittance is allowed at the time of filing.

The state fee can be paid in cash, by postal order or by bank transfer. The use of bank cards on the territory of the patent office is not supplied.

An alternative is enlistment via EUIPO and transnational setups

When a trade enlarges beyond a single polity, enrolling a TM nationally is no longer adequate. In such cases, supranational enlistment setups come into play, enabling a brand to receive licit safeguarding across multiple jurisdictions simultaneously. In the polity, TM enlistment can be pursued via the EUIPO or via the WIPO under the Madrid Protocol.

Key parts of EUIPO enlistment

A TM enrollment conveyed to the EUIPO grants safeguarding throughout all 27 EU states, comprising the polity. This single enlistment is especially advantageous for trades operating in multiple markets or seeking expansion across the EU.

Enrollments can be filed online via a centralized platform, eliminating the need for physical presence. The sequence aids five official languages, such as English and French. Once the TM is enrolled, licit safeguarding applies EU-wide instantly. Safeguarding lasts for 10-years and can be restored frequently in 10-year increments.

These fees are fixed regardless of the enroller’s nationality or company location. This streamlined sequence reduces administrative complexity, making it an efficient choice for brands targeting several markets at once.

State fees for enrollment of TM under the Madrid setup

Entrepreneurs seeking trademark protection in the EU can opt for an alternative route by registering their trademark in Lithuania and then prolonging freedoms transnationally via the Madrid setup. Overseen by WIPO, this setup enables enrollers to secure cross-border TM safeguarding via a single transnational enrollment, selecting the regions where safeguarding is desired.

The basic fee, payable in Swiss francs, varies contingent on the TM’s design:

• 653 CHF for black and white marks
• 903 CHF for coloured marks

Supplemental charges include:

• 100 CHF for each extra class from the fourth onwards
• 100 CHF for each designated region

Some individual regions may apply their own fees, which are added to the base cost. This approach consents TM enrollment in the polity while simultaneously safeguarding the brand in non-EU markets such as the USA, China, Canada, and others.

TM registration for foreigners

Expats who do not have resident status can initiate TM registration in Lithuania on an equal basis with local firms. The national enrollment setup supplies licit safeguarding for foreign brands without the need to build a branch or head office. In the absence of an address in the EU, it is mandatory to engage an accredited delegate.

The sequence is undertaken corresponding to standard edicts and comprises several phases: arrangement of records, filing an enrollment, remittance of the state fee and passing vetting. All papers must be drawn up in Lithuanian and strictly corresponding to the generated needs. If something is not done corresponding to the form, the enrollment will simply not be considered.

Final word

Registering a trademark in Lithuania involves several important phases, starting from the careful arrangement of records to undergoing a formal vetting and fulfilling the licit enrollment sequence. To assert a successful outcome, it is prime not just to file an enrollment but to organise all records corresponding to current licit standards. This approach helps reduce the chance of rejection and streamlines communication with the authorities.

Engaging experienced professionals speeds up the sequence and hinders unnecessary delays. These experts assist in tailoring the records, verifying the TM’s originality, selecting the appropriate classes of items or aids, and lessening administrative hurdles. This method not only secures licit safeguarding but also lays a tactical foundation for the brand’s growth both within the polity and transnationally.

Our dedicated team will guide you throughout the entire TM enrollment journey in the polity — from the initial enrollment to receiving the official certificate. We offer comprehensive support, perform thorough uniqueness checks, prepare the prime paperwork, and represent you prior to the State Patent Bureau.