Attractive trademark’s name or logo is not the only key to trademark’s success. Its protection may as well require a lot of time and money. It has never been more difficult to successfully register a trademark by avoiding examiners’ rejection and opposition of earlier trademark’s proprietor.
Firstly, you may face difficulties registering generic words or phrases that describe goods or services and are used in the trademarks. Also, it has been observed that applications are often filed for trademarks characterizing goods or services. This trend looks quite strange, since these trademarks are not distinctive enough and can only have a low level of legal protection. Despite the fact that registration of these trademarks are often rejected, applicants have failed learning from the previous mistakes and often attempt to apply for the exclusive rights of the trademarks such as ‘Verta pirkti pigiau!’ (it’s worth spending less!), ‘Mazu kainu parduotuve’ (cheap shops!), ‘www.aviakasos.lt’.
According to the Lithuanian State Patent Bureau’s practice, these trademarks cannot be registered, thereby no subject can be granted with the exclusive rights to use the descriptive words for marking goods and services. Previously, however, experts were not so harsh and some applicants were lucky to be able to get the protection for trademarks that are difficult to register, e.g. ‘fish&fish‘ for fish products or ‘RELAX‘ for drinks. Hence, if you are looking for the trademark that coveys a direct message to a user, try to search the database of the earlier registered trademarks. It could be that the proprietor of the earlier trademark is not interested in his IP object and would gladly transfer his trademark rights to someone else for a particular price. A convenient way to do this would be to use a website that helps you buy or sell IP objects: www.ipmarket.lt .
Do not put your mind at ease even if you successfully took the first step and had your trademark registered. After your registration is published, the proprietor of the earlier trademark can oppose the registration if your trademark is visually, semantically or phonetically similar to his. Your attempts to defend your trademark rights are likely to draw you into a long-running and potentially expensive dispute. The growing number of registered trademarks every year naturally gives rise to more trademark disputes. In 2013, 2277 trademark applications where filed in Lithuania, which is 50 times less than in the EU (114468 applications). Yet, these numbers do not scare the proprietors of newly created trademarks. On the contrary, some of them seem to strongly believe that creating an original and artificial name for goods and services can lead to the victory. They think that it is nearly impossible that someone else may have created or used a similar name for their goods or services. However, it is very rare to find a mark that has never been used as a trademark both as registered or only in the application. Thus before choosing a new name for your trademark, we recommend you to check the list of trademarks that are on sale by visiting the website www.ipmarket.lt
If you want to avoid risks of having your trademark registration rejected or revoked or if you do not wish to wait for the indefinite period of time (the process of registering the trademark may take 12-18 months), it is worth considering the alternative ways of getting your trademark, i.e. purchasing a registered trademark. This choice might save your time and in some cases money. Once you have purchased a trademark, you can use it straight away without any fears that you might lose your rights to it. Furthermore, if a trademark you purchased is well-known and has a good reputation, you even win more. Thus, we strongly recommend you to visit www.ipmarket.lt . You might find there what you have been looking for.