Lithuania

Trademark opposition system

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Lithuania

Trademark opposition acceptance agency

Lithuania implements a dual track jurisdictional system:

1. Administrative supervisory authority

The Objection Division of the Lithuanian Patent Office (LPO) is responsible for formal examination, evidence review, and preliminary ruling

Industrial Property Dispute Committee: composed of 2 legal experts and 1 technical expert, handling case review

2. Judicial Authority

Those who are dissatisfied with the administrative ruling can appeal to the Intellectual Property Division of the Vilnius District Court

The final appeal can be submitted to the Commercial Division of the Supreme Court of Lithuania (a dedicated expert group on EU law)

Special requirements for agents:

EU/European Economic Area (EEA) applicants may appoint EU registered lawyers to represent them

Non EU applicants must submit through members of the Lithuanian Patent Agents Association (LPAA)

Non Lithuanian documents need to be authenticated and translated by the Ministry of Justice (Chinese documents need to be authenticated by the Lithuanian Embassy in China)

objection to a trademark

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Lithuania

Timing of Trademark Objection

Lithuania follows the EU standard objection period framework:

1. Official announcement period

After substantive examination, the trademark will be simultaneously announced on the LPO official website and the EU Trademark Gazette for 3 months

Objection applications must be submitted electronically before the announcement deadline of 24:00 (EET)

2. Supplementary Objection Period

Within 5 years after trademark registration, supplementary objections can be filed based on malicious registration (with an additional fee of 1500 euros)

3. Baltic Sea Special Rules

Latvian and Estonian applicants can apply for a 10 day grace period (proof from the Baltic Business Council is required)

The electronic submission system (LietuvosEPAS) supports English interface operation

objection to a trademark

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Lithuania

Basis for Trademark Objection Application

According to Articles 6, 7, and 9 of the Lithuanian Trademark Law and EU Directive 2015/2436, the statutory grounds for objection include:

（1） Absolutely prohibited reasons

1. Lack of significance

Only composed of generic product names or purely descriptive terms (such as EKO ecology)

Unauthorized use of EU geographical indications (such as Lithuanian rye bread Lietuvi š ka rugin ė duona)

2. Violation of public order

Contains national badges, historical and cultural heritage symbols, or LGBTQ discrimination content (newly added in 2021)

（2） Relative prohibited reasons

1. Prior conflict of rights

Confusion with registered trademarks in Lithuania/EU (Nice Classification 12th edition)

Copy a trademark that enjoys reputation in the European Union (requires a Baltic market research report)

2. Commercial identification rights

There is substantial similarity with the registered trade name (Į mon ė s kodas) in Lithuania

3. Domain name registration

Registering someone else's trademark as a. lt domain name (subject to the 2022 Domain Name Dispute Resolution Rules)

（3） Special protection reasons

1. Traditional product labeling

Infringement of protected traditional Lithuanian product names (such as Š akotis tree root cake)

2. Digital Service Identification

Imitation of Lithuanian licensed financial institution trademarks in FinTech services (requires provision of central bank filing records)

objection to a trademark

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Lithuania

Trademark opposition process

Stage 1: Electronic submission (0-5 days)

Submit a statement of objection through the LietuvosEPAS system (Lithuanian/English)

Please attach:

Proof of prior rights authenticated by The Hague

Evidence of actual use of the trademark (including invoice with Lithuanian PVM number)

Market confusion analysis report (when applicable to well-known trademarks)

Stage 2: Formal Review (5-20 days)

LPO completes the review within 10 working days. Common correction requirements:

Supplement the commodity circulation certificate issued by the Lithuanian Chamber of Commerce

Update the certification of the European Bar Association for the power of attorney

Stage 3: Substantive defense (1-2 months)

The opposing party shall submit a defense statement within 30 days (with the option to apply for a 15 day extension)

Simultaneously submit a trademark usage plan (certified by a notary office)

Stage 4: Online hearing (2-4 months)

The Industrial Property Dispute Committee held a hearing through Zoom (electronic evidence package needs to be uploaded 7 days in advance)

Both parties shall submit a technical comparison report (not exceeding 40 pages, bilingual version)

Stage 5: Administrative adjudication (4-6 months)

Possible ruling outcome:

Completely revoke the opposed trademark (success rate of 38% in 2023)

Request to add distinguishing elements (such as adding regional names)

Reject the objection application

Stage 6: Judicial relief (6-15 months)

The losing party may appeal to Vilnius Court (deadline is 30 days)

The average trial period of the Supreme Court is 12-18 months

objection to a trademark

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Lithuania

Trademark opposition period

Time optimization tool:

Express Lane:Provide a 3-month acceleration program for startups (registered<3 years)

Mutual recognition of evidence:Evidence from the European Union Intellectual Property Office (EUIPO) is directly admissible

Practical operation suggestions

1. Baltic Sea Cooperation Strategy

Real time tracking of three country announcements using the Baltic Sea Trade Mark Monitoring System (BALTIC TM Watch)

Synchronize the registration of Lithuanian and Latvian trademark versions (to reduce the risk of regional conflicts)

2. Digital Evidence Management

Provide PDF invoices authenticated by Lithuanian electronic signature (including. gov.lt verification link)

Social media evidence needs to be notarized with a timestamp and accompanied by a Lithuanian language abstract

3. Traditional signage protection

Apply to join the Lithuanian National List of Traditional Products (Gamtos paveldo) for additional protection

Avoid using geographical indications such as Lietuvi š kas (from Lithuania) without authorization

4. Cost control plan

Application for Technology Enterprise Subsidy from the Lithuanian Innovation Agency (MIT) (covering 40% of official fees)

Adopting a segmented payment model (30% for submission, 40% for hearing, and 30% for results)

objection to a trademark