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The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
No. The mark will be protected only in Latvia.
Yes. Applicants are required to submit a power of attorney.
Yes. There are benefits from pre-filing use of a trademark:
- Show distinctiveness of the mark
- Defeat oppositions on the ground of non-distinctiveness
- It makes it possible to petition for the invalidity of a subsequent registered mark (consult us for more information)
Non-use of a registered mark can result to the revocation of ownership rights through a court judgement.
Any mark or sign that can be recreated graphically and can differentiate a good/service from its counterparts are registrable.
- Names
- Slogans
- Colors
- Words
- Sounds
- Holograms
- Devices (drawing, picture, graphic symbol)
- Trade dresses
- Three-dimensional shapes
The phases of trademark application in Latvia are:
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Examination – The application will be examined by the trademark authorities in terms of:
- Formalities
- Classification
- Clarity
- Descriptiveness
- Distinctiveness
- Deceptiveness
- Absolute grounds of registrability
- Registration – If the application passes the examination phases, the trademark office will grant the registration. At this point, conflict with other applications or registrations has not been checked yet.
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Publication – Third parties will be given a chance to oppose to the registration. These specifics will be made accessible to the public through print and online publication.
- Mark
- Applicant’s name
- Applicant’s address
- Applicant’s country of incorporation
- Number of application
- Date of application
- Goods/services
- Information on priority claim
- Trademark representation
The trademark law of Latvia prohibits the registration of the following marks:
- Generic words
- Marks that lack acquired distinctiveness
- Functional marks
- Deceptive/disparaging/misleading marks
- Marks that contradict the principles of morality and signs that oppose public order
- Marks that include flags/names/symbols of international organizations/states/regions/nations
Yes. Nice Classification takes effect in Latvia. For trademarks that will be covering several classes of goods/services, one application suffices.
Yes. Latvia is a European Union member; hence, Community Trademark registration (new name: European Union Trade Mark) is effective in this jurisdiction.
Yes. The filing date in the applicant’s home country can be used as the filing date in Latvia if:
- The home country is a party to the Paris Convention
- The filing date in home country does not exceed 6 months from the filing date in Latvia
- The international registration can be based in Latvia
The mark must be used within 5 years from the date of registration. The amount of use is measured on a commercial basis and must occur in this jurisdiction.
The mark is valid for 10 years starting from the date of filing the application.
The first renewal date is computed 10 years from the date the application was filed.
Yes. Use of an unregistered mark for selling goods and/or services is legally allowed in this jurisdiction.
It is not necessary to register a trademark in order to obtain rights. The first party to use the mark secures the right to a trademark.
The Latvia trademark office is available online at this URL: http://www.lrpv.lv/
No. There is no need to use the mark before filing the application.
Third parties can use these grounds to oppose a trademark application:
- Rights in industrial properties
- Rights in a name of company
- Rights in a (famous) personal name
- Rights in a registered design
- Rights in a trade name
- Rights in a notorious mark
- Proprietary rights
- Breach of copyright
- Registration of mark under a different name like agent’s or representative’s name
- Descriptive mark
- Misleading/deceptive/disparaging mark
- Unauthorized use of protected state emblems or national insignia
- Unregistered domain name
Interested parties or owners of an earlier right can initiate an opposition to the registration of a trademark.
Yes. A registered mark can be cancelled on these grounds:
- Use requirements are not satisfied according to Section VIII.A.
- Rights in an industrial property
- Mark is against moral principles or against public policy
- Use of geographical indication
- Mark is generic/common
- Use of a well-known personal name, pseudonym, facsimile or portrait of a person
- Rights in registered designs
- Rights in trade names
- Registration under a representative’s name like an agent’s name
- Rights in a famous or notorious mark
- Breach of copyright
- Mark is functional
- Mark lacks distinctiveness
- Mark is misleading the consumers or disparaging to image of other parties
- Mark is descriptive of the good’s characteristics or intended purpose
- Proprietary rights
The following rights are obtained by the trademark owner after registration:
- Exclusive right to use the mark
- Right to object to later conflicting applications
- Right to request for an action to cancel later conflicting registrations
- Right to sue third parties for infringing the mark
- Right to demand payment from third parties that infringed the mark
- Right to authorize third parties to use the mark
- Right to request for the confiscation of counterfeit imported goods
The opposition will start on the date the trademark registration was published. For national registration, it will end three months after the publication date. For international registration, it will end four months after the publication date.
Yes. Latvia is a party to the Madrid Agreement and the Madrid Protocol.
No. Periodic statements of use are not needed.
The mark must be renewed every 10th year anniversary.
The first renewal date is computed 10 years from the date the application was filed.
Yes. To renew a trademark, the owner must provide a:
- Proof of renewal fee payment
- Power of attorney
A 6-month grace period is available for late renewals.