Lithuania introduced some important changes in its trademark legislation

lithuania-966145_960_720.jpgAs of 01.01.2019, some important changes have been introduced in the trademark law in Lithuania, which adopt provisions from the EU Trademark Directive 2015/2436.  The most essential of them are:

  • there is no more a requirement for graphical representation of a sign when it is applied for trademark protection;
  • an opposition system was introduced which means that the Patent Office will make an examination on absolute grounds, and after that, every interested party can file an opposition based on earlier rights;
  • certification marks are now possible for registration;
  • invalidation and cancelation of trademarks will be done by the Patent Office, and not only by the Court as before.
  • the trademark owner can stop goods labeled with his trademark to be transited across the country unless the person transporting the goods proves that the trademark owner is not entitled to prohibit the placing of those goods on the market in the country of final destination.
  • the fees for registration of trademarks have been increased. For example, the fee for new trademark application goes up from 138 euro to 180 euro for one class of goods and services.

For more information here.

Source: Marques Class 46.

 

 

 

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The trademark reform in Mexico is now a reality

mexico-641596_960_720Some important changes to the Trademark law in Mexico came into force on 10.08.2018. According to them:

  • non-traditional marks are allowed for protection;
  • consent letters and coexistence agreements will be accepted by the Patent Office;
  • refusals based on lack of distinctiveness will be overcome by acquired distinctiveness;
  • the Patent Office will issue decisions on trademark oppositions;
  • all Office actions will be published in its official gazette;
  • there will be a 10% reduction in office fees for online applications for trademarks;

In addition to this: “In particular, for all trademarks filed or granted after 10 August 2018, submision of a declaration of actual and effective use will be required once the trademark becomes subject to use (the declaration needs to be presented within 3 months once 3 years have elapsed since registration of the trademark).”

Furthermore: “Another important change brand owners have to be aware of is that trademarks can no longer be filed for a broad range of goods and services but only for the specific goods and services of interest.”

Source:  Bernardo Herrerias Franco, Alfredo Pineda Nieto and Valentina Schmid (Hogan Lovells) on Lexology.