The translation of this document is outdated.
Translation validity: 01.01.2015.–31.12.2015.
Amendments not included:
19.11.2015.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 November 2001 [shall come
into force on 1 January 2002];
21 October 2004 [shall come into force on 11 November
2004];
8 February 2007 [shall come into force on 1 March
2007];
14 October 2010 [shall come into force on 17 November
2010];
3 July 2014 [shall come into force on 1 August
2014];
11 December 2014 [shall come into force on 1 January
2015].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted
and
The President has proclaimed the following law:
Law On Trade Marks and Indications
of Geographical Origin
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) trade mark - a sign used to distinguish the goods of
one undertaking from those of other undertakings; unless
expressly stated otherwise, the terms trade marks and marks in
the text of this Law shall also comprise service marks and
collective marks;
2) service mark - a sign used to distinguish the
services of one undertaking from those of other undertakings;
3) collective mark - a trade mark or a service mark
used by associations of manufacturing, trade or service
undertakings, or similar organisations to designate their goods
or services;
4) Paris Convention - Paris Convention for the
Protection of Industrial Property of March 20, 1883, as revised
at Stockholm on July 14, 1967, and as amended on September 28,
1979;
5) Paris Union - the Union of the states parties to the
Paris Convention;
6) distinctive character - the complex of
characteristic features of a sign that ensures the possibility of
distinguishing the goods or services of an undertaking that are
marked with this sign from those of other undertakings; the
evaluation of the distinctive character of a sign depends not
only on the character of the sign itself, but also on the
perception of consumers and the characteristics of the respective
goods or services;
7) international registration of trade marks (international
registration) - registration of trade marks effected pursuant
to the Madrid Agreement Concerning the International Registration
of Marks (as revised at Stockholm on July 14, 1967, and as
amended on September 28, 1979) (Madrid Agreement), or pursuant to
the Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks, adopted at Madrid on June
27, 1989 (Madrid Protocol), or pursuant to any other agreement
concerning the international registration of trade marks which is
in force in the Republic of Latvia;
8) International Classification of Goods and Services (Nice
Classification) - the classification established by the Nice
Agreement Concerning the International Classification of Goods
and Services for the Purposes of the Registration of Marks, of
June 15, 1957;
9) International Bureau - the International Bureau of
the World Intellectual Property Organisation that performs the
international registration of trade marks and maintains the
International Register of Marks; and
10) indication of geographical origin - a geographic
name or other indication or sign used to indicate, directly or
indirectly, the geographical origin of goods or services,
including indications of the characteristics or features thereof,
which are attributable to this origin.
Section 2. Purpose of the Law
(1) This Law regulates legal relations as to trade mark
registration, as well as the use of and the protection of trade
marks and indications of geographical origin.
(2) Special provisions concerning collective marks are
referred to in Chapter VII of this Law; in all other cases,
unless stated otherwise, the provisions pertaining to trade marks
or service marks shall apply to collective marks.
(3) Use and protection of trade marks and indications of
geographical origin are also regulated by other laws and
regulations.
(4) Natural persons and legal persons of Latvia are entitled
to register, use and protect trade marks, indications of
geographical origin, as well as other signs used in commercial
activities in other countries in accordance with the laws of the
respective countries and international agreements, including the
territory of the European Community, conforming to the procedures
for registering trade marks prescribed thereby.
(5) If international agreements approved by the Saeima include
provisions, which differ from the norms in this Law, the
provisions of the international agreements shall be applied.
[21 October 2004; 14 October
2010]
Chapter II
Trade Marks and Rights to Trade Marks
Section 3. Trade Marks
A trade mark may consist of any sign capable of being
represented graphically, and which is capable of distinguishing
the goods or services of one undertaking from those of other
undertakings. In particular, trade marks may be:
1) words - consisting of letters, words, also given names,
surnames, numerals;
2) graphic - pictures, drawings, graphic symbols, shades of
colours, combinations of colours;
3) three-dimensional - three-dimensional shapes, the shapes of
goods or of their packaging;
4) a combination - consisting of a combination of the
aforementioned elements (labels and the like);
5) specific types or special (sound or light signals and the
like).
Section 4. Rights to a Trade Mark
and the Holders of these Rights
(1) Rights to trade marks may be acquired by any natural or
legal person (hereinafter - person). Each person may own one or
more trade marks.
(2) A trade mark may be the joint property of two or more
persons.
(3) A collective mark is the property of an association of
several undertakings.
(4) Unregistered trade marks may be used in commercial
activities. The protection of trade marks without the
registration thereof or apart from registration shall be
regulated by the provisions of Paragraph seven of this Section,
Section 8 and Section 9, Paragraph three, Clause 4 of this Law,
as well as other laws and regulations.
(5) Exclusive rights to a trade mark may be ensured by
registration of the trade mark with the Patent Office of the
Republic of Latvia (hereinafter - Patent Office) or by
registration performed according to the provisions of
international registration of trade marks that apply to Latvia,
or by registration performed according to the European Community
procedures for registering trade marks. The particular provisions
with respect to international registration of trade marks and
internationally registered trade marks are referred to in Chapter
VIII of this Law; in all other cases the provisions regarding
trade marks registered with the Patent Office shall apply with
respect to the validity, use and protection of internationally
registered trade marks.
(6) The person in whose name the trade mark has been
registered has exclusive rights to prohibit other persons from
using in commercial activities the following signs:
1) any sign which is identical to the trade mark in relation
to goods or services which are identical to those for which the
trade mark is registered;
2) any sign where, because of its identity to, or similarity
to, the trade mark and the identity or similarity of the goods or
services covered by the trade mark and the sign, there exists a
likelihood of confusion or a likelihood of association between
the sign and the trade mark on behalf of the relevant
consumers.
(7) Notwithstanding the provisions of Paragraph six of this
Section, the owner of a trade mark that is well-known in Latvia
(within the meaning of Section 8) has the right to prohibit other
persons from using, in commercial activities, any sign which
constitutes a reproduction, an imitation, a translation or a
transliteration, liable to create confusion, of the well-known
mark in relation to goods or services which are identical or
similar to the goods or services covered by a well-known trade
mark. The owner of a trade mark that is well-known in Latvia has
the right to prohibit, in commercial activities, the use of a
sign which constitutes a reproduction, an imitation, a
translation or a transliteration of the well-known mark also in
relation to goods or services which are not similar to the goods
or services covered by a well-known trade mark, but provided that
the consumers may perceive the use of the referred to sign as an
indication of a connection between such goods and services, and
the owner of a well-known trade mark, and that such use may be
detrimental to the interests of the owner of a well-known trade
mark.
(8) In accordance with the provisions of Paragraphs six and
seven of this Section, the following actions may also be
prohibited:
1) use (affixing, attachment) of the abovementioned signs on
the goods or on the packaging thereof;
2) offering the goods for sale, or putting them on the market
or stocking them for these purposes under the said signs;
3) providing services or offering them under the said
signs;
4) importing or exporting the goods under the abovementioned
signs;
5) using the abovementioned signs on business documents and in
advertising.
(9) In the application, mutatis mutandis, of the provisions of
Paragraphs six, seven and eight of this Section, the owner of the
trade mark is also entitled to prohibit other persons from using
signs that are intended for purposes other than distinguishing
goods or services (marking of goods, indication of the origin of
goods or services), if it is proven that the use of such a sign
in the absence of appropriate justification gives the impression
of association with this trade mark, or takes unfair advantage
of, or is detrimental to, the distinctive character or the
reputation of the trade mark.
(10) If a registered and valid trade mark is reproduced in a
dictionary, encyclopaedia, or similar reference work, thereby
giving the impression that it constitutes a generic name (general
term) for the goods or services for which the trade mark is
registered, the publisher of the reference work shall, no later
than in the next edition of the reference work, upon request of
the owner of the trade mark, ensure that the respective trade
mark is accompanied by an annotation that it is a registered
trade mark. This provision shall also apply, mutatis mutandis, to
reference works in the form of electronic databases.
(11) The right to a trade mark, derived from its registration
or from the filing of an application thereof, shall confer the
same legal status as the rights to a moveable property within the
meaning of the Civil Law, but it shall not be regarded as an
object of property claims. This right may be transferred to other
persons (successors in title) and may be inherited.
(12) Exclusive rights to a registered trade mark, including
exclusive rights in relation to other persons, shall be effective
to the full extent from the date of publication of the notice of
the registration of the trade mark.
[21 October 2004; 14 October
2010]
Section 5. Restrictions on Exclusive
Rights
(1) The owner of a trade mark is not entitled to prohibit
another person from using, in commercial activities, the
following information or signs, if the use of such complies with
fair industrial and commercial activity practice:
1) the given name, surname and address of such person;
2) the name of the undertaking of such person, if its lawful
use in commercial activities was commenced prior to the date of
application for registration (priority date) of the respective
trade mark, and its address;
3) genuine indications and information concerning the kind,
quality, quantity, intended purpose (functional task), value,
geographical origin, the time of production of goods or of
provision of services, or other characteristics of goods or
services of such person;
4) the trade mark of the abovementioned owner, if it is
necessary to indicate the intended purpose (functional task) of
goods or services, in particular the intended purpose of goods as
accessories or spare parts.
(2) The owner of a trade mark is not entitled to prohibit the
use of the trade mark in relation to goods which have been
marketed in the European Economic Area under that trade mark by
the owner of the trade mark himself or herself or by another
person with the consent of the owner.
(3) The provisions of Paragraph two of this Section shall not
apply if the owner has legitimate grounds to prohibit the further
commercialization of the goods, especially if the quality of the
goods has changed or they have been damaged after being put on
the market.
(4) Exclusive rights shall not apply to those elements of the
trade mark which, when taken individually, in accordance with
Section 6, Paragraph one of this Law, may not be registered as
trade marks.
[21 October 2004]
Chapter III
Prerequisites for Trade Mark Registration
Section 6. Absolute Grounds for
Refusal and Invalidation of Trade Mark Registration
(1) The following signs may not be registered as trade marks
(if they have been registered, such registration may be declared
invalid in accordance with the provisions of this Law):
1) those which cannot constitute a trade mark, that is, signs
which do not comply with the provisions of Section 3 of this
Law;
2) those which lack any distinctive character with respect to
the goods or services applied for;
3) those which consist solely of signs or indications which
may serve, in trade, to designate the kind, quality, quantity,
intended purpose (functional task), value, geographical origin,
or the time of production of the goods or of providing the
services, or other characteristics of the goods or services;
4) those which consist solely of signs or indications (general
signs) which have become customary in the current language or in
fair and established practices of the trade to designate the
goods or services applied for;
5) those which consist solely of a shape which is directly
determined by the kind of goods (the shape results directly from
the nature of the goods themselves), or which is necessary to
obtain a particular technical result, or which gives substantial
value to the goods;
6) those which are contrary to public order or to socially
accepted principles of morality;
7) those which may deceive consumers regarding the nature,
quality or geographical origin, or the like, of the goods or
services;
8) those which contain signs, the registration of which, would
be refused or invalidated in accordance with Article 6-ter of the
Paris Convention, including coats of arms and flags of the member
countries of the Paris Union, their official hallmarks (assay
marks), control and warranty marks, as well as the emblems,
flags, and names of international organisations and the
abbreviations thereof, without authorisation by the competent
authorities;
9) those which, without authorisation by the competent
authorities given in accordance with the procedures laid down in
the laws and regulations of the Republic of Latvia, contain the
official heraldry approved at the State level, national
decorations, Official Service insignia, as well as signs for
official hallmarks (assay marks), control, quality, warranty, and
safety of using goods which are used with respect to identical or
similar goods or services in Latvia, or any other marks of high
symbolic value, as well as religious symbols;
10) with respect to wines - those which contain or consist of
an indication of geographical origin identifying wines of
particular origin, or with respect to spirits - those which
contain or consist of an indication of geographical origin
identifying spirits of particular origin, if such is not the
genuine place of origin of the wines or spirits for which the
trade mark registration has been applied;
11) those which are intended for the marking of agricultural
and food products and contain an indication of geographical
origin protected in regard to the same agricultural or food
products or consist of such protected indication of geographical
origin, if the products for which trade mark registration has
been applied, do not have the respective origin or if the use of
the sign applied for in connection with these products is
contradictory to the laws and regulations governing the
protection of geographical indications and designations of
origin.
(2) A trade mark also shall not be registered or, if
registered, may be liable to be declared invalid in accordance
with the provisions of this Law if the application for
registration of the trade mark was clearly made in bad faith by
the applicant.
(3) A trade mark registration may not be refused on the basis
of the provisions of Paragraph one, Clauses 2, 3 or 4 of this
Section, and shall not be declared invalid on the basis of the
same provisions if, as a result of the use of the mark, it has
acquired a distinctive character in the perception of the
relevant consumers in Latvia with respect to the goods and
services for which registration has been applied.
[21 October 2004]
Section 7. Earlier Trade Marks as
Grounds for Invalidation of Trade Mark Registration
(1) A trade mark registration may be declared invalid in
accordance with the provisions of this Law in the following
cases:
1) it is identical to an earlier trade mark, and the goods or
services in respect of which the trade mark was registered are
identical to the goods or services in respect of which the
earlier trade mark was registered;
2) in connection with its identity or similarity to, an
earlier trade mark belonging to another person and the identity
or similarity of the respective goods or services, there exists a
likelihood of confusion of the trade marks or a likelihood of
association between the trade marks on behalf of the relevant
consumers.
(2) Earlier trade marks within the meaning of Paragraph one of
this Section are:
1) trade marks valid in Latvia, which have been registered
under national or international registration procedures, or as
European Community trade marks (hereinafter - Community trade
mark) in accordance with Council Regulation (EC) No 207/2009 of
26 February 2009 on the Community trade mark (codified version)
(Text with EEA relevance) (hereinafter - Council Regulation No
207/2009) if the date of application for registration thereof is
earlier than the date of application for registration of the
contested trade mark, also taking into account the priority
accorded to those trade marks;
2) applications for the registration of trade marks referred
to in the previous Clause, provided that they are registered.
[21 October 2004; 14 October
2010]
Section 8. Well-known Trade Marks as
Grounds for Refusal or Invalidation of Trade Mark
Registration
(1) Notwithstanding the provisions of Section 7 of this Law, a
trade mark registration may be refused or, if registered, the
registration may be invalidated under the provisions of this Law,
if the trade mark constitutes a reproduction, an imitation, a
translation or a transliteration, liable to create confusion, of
another trade mark, which, even though unregistered, was
well-known in Latvia with respect to identical or similar goods
or services, on the date of filing of application of the applied
for (opposed) registration of trade mark (or the date of priority
if priority has been granted).
(2) In addition to the provisions of Paragraph one of this
Section, the registration of a trade mark may be refused or
invalidated also if the goods or services regarding which trade
mark registration has been applied for are not similar to the
goods or services covered by a well-known trade mark in Latvia,
provided that the use of the trade mark applied for (opposed) in
relation to such goods or services may be perceived by consumers
as an indication of a connection between such goods and services,
and the owner of the well-known trade mark, and that such use may
be detrimental to the interests of the owner of the well-known
trade mark.
(3) In determining whether a trade mark is well-known, the
knowledge of this trade mark in the relevant group of consumers,
including such knowledge in Latvia that has been obtained as a
result of the advertising of this mark or any other circumstances
that have contributed to its fame shall be taken into
account.
(4) In determining in which cases the provisions of Paragraphs
one and two of this Section are to be applied to a sign regarding
which registration has been applied for or to a registered trade
mark, the provisions of Article 6-bis of the Paris Convention
regarding a well-known trade mark shall be taken into account,
including the provision which provides for the prohibition of the
reproduction or the imitation of a well-known trade mark in an
essential part of another trade mark; these provisions shall also
apply, mutatis mutandis, to service marks.
(5) The provisions of Paragraphs one and two of this Section
regarding refusal of registration during the expert-examination
procedure shall not apply if the application for trade mark
registration has been filed with the consent of the owner of the
well-known trade mark.
Section 9. Other Earlier Rights as
Grounds for Invalidation of Trade Mark Registration
(1) A trade mark registration may be also declared invalid if
the trade mark is identical or similar to an earlier collective
trade mark for which the period of validity has expired within
the last three years preceding the filing date of the contested
trade mark.
(2) A trade mark registration may be also declared invalid on
the basis of the trade mark being identical or similar to an
earlier trade mark which was registered for identical or similar
goods or services and for which the period of validity has
expired, for failure to renew, within the last two years
preceding the filing date of the contested trade mark, except in
cases when the owner of the earlier trade mark has consented to
the registration of the contested mark or has not used the trade
mark.
(3) A trade mark registration may be also declared invalid on
the basis that another person has, prior to the trade mark filing
date (also taking into account its priority date), acquired in
Latvia other rights which allow the prohibition of the use of the
trade mark; registration may be contested also on the basis of
the following rights:
1) personal rights, that is, rights related to the given name,
surname, pseudonym, portrait or facsimile of a person well-known
to the general public, except in the case when such person has
been deceased for 50 or more years;
2) copyright;
3) commercial rights, that is, rights related to a trade name
(commercial designation, name of a mass medium, or other similar
sign) that is used in an identical or similar business sector, if
its fair and lawful use in commercial activities in Latvia was
commenced before the date of filing of application of the trade
mark, or the priority date respectively, or a trade name
(commercial designation, name of a mass medium or other similar
sign) of Latvia or of a foreign state that was well known in
Latvia;
4) other industrial property rights including rights related
to an unregistered trade mark or other mark used for
distinguishing the goods or services, and the domain name if the
unregistered trade mark, other mark referred to or domain name
has been used honestly prior to the date of filing of application
for the registration of the trade mark (or the priority date
respectively), in commercial activities in Latvia in connection
with identical or similar goods or services for so long and in
such amount that the use of the registered trade mark may confuse
consumers about the origin of the respective goods or
services.
(4) A person who is the owner of a trade mark in any of the
member states of the Paris Union are also entitled to request
invalidation of the trade mark, if an agent or representative of
the owner has registered the mark in his or her own name in
Latvia without authorisation from the owner, except in cases when
such agent or representative has sufficient justification for his
or her action.
[21 October 2004]
Chapter IV
Procedure for Trade Mark Registration
Section 10. Filing of an
Application
(1) A person who desires to register a trade mark in Latvia
shall file a written application (hereinafter also - application)
for trade mark registration with the Patent Office.
(2) A fee shall be paid for the filing of an application and
for the registration of a trade mark, and for other acts
specified in this Law. The amounts of fees to be paid shall be
determined by the Cabinet.
(3) The date of filing of the application (filing date) shall
be determined, in compliance with the provisions of Paragraph
nine of this Section, to be the date on which the Patent Office
has received documents which include:
1) a petition to register a trade mark;
2) information which permits the unmistakable identification
of the applicant;
3) the sign which is submitted for registration (its
representation);
4) the list of goods and services for which the trade mark
registration is requested.
(4) The registration of only one trade mark may be requested
per application.
(5) Each application may contain a request for trade mark
registration with respect to one good or service, several or many
goods or services, as well as to goods and services
simultaneously, irrespective of whether they belong to one or
several classes of goods or services according to the
International Classification of Goods and Services (Nice
Classification). The goods and services shall be grouped
according to the classes of this Classification.
(6) The application form and other forms necessary for the
procedure of trade mark registration shall be approved by the
Cabinet.
(7) The application shall be filed and all processing and
correspondence related to the trade mark registration procedure
shall be in the Latvian language. Documents may be submitted in
foreign languages if a certified translation into the Latvian
language is appended thereto in accordance with specified
procedures.
(8) A description of the sign applied for, a translation of a
word mark which is in a foreign language, corresponding
indications, if the characteristic feature of the sign is
three-dimensional shape, the colour tone or colour combination,
or if it is a sound signal, as well as other explanations
relating to the nature of the sign may be included in the
application. In cases provided for by international agreements
binding to Latvia, such explanations may be requested by the
Patent Office. Explanations shall be submitted within the time
period specified by the Patent Office, which shall not be less
than one month.
(9) The application shall include a document certifying
payment of the application fee, also payment of an additional
fee, if the application covers more than one class of the Nice
Classification. The document regarding payment of the fee may be
attached within a month from the day of submission of the
application, preserving the initial filing date (Paragraph three
of this Section). If this term has expired, but all other
documents necessary for determination of the filing date have
been submitted, the filing date shall be deemed to be the day on
which the document regarding payment of the fee, as well as the
additional fees, was submitted.
(10) If the application is filed through a representative, a
document certifying the authorisation of the representative must
be attached to the application. The requirements with respect to
representation and authorisations shall be laid down in the
Patent Law, the general provisions of the Civil Law pertaining to
authorisation contracts, and the relevant provisions of
international agreements binding on Latvia.
(11) In accordance with the provisions of the Patent Law
regarding representation before the Patent Office, a foreign
applicant may only file an application, maintain correspondence,
and perform all further actions before the Patent Office, and, if
necessary, before the Board of Appeals of the Patent Office,
through a professional patent attorney (trade mark agent).
(12) The applicant or his or her authorised representative
shall sign the application.
(13) If an application is submitted using a special online
form created for this purpose on the website of the Patent
Office, the person of the submitter shall be identified using the
means of authentification available on the single State and local
government portal www.latvija.lv.
[21 October 2004; 3 July 2014]
Section 11. Priority of a Trade
Mark
(1) Any person who has duly filed an application for trade
mark registration in any member state of the Paris Union, or in
any other state or union of states, with which Latvia has
concluded an agreement that provides for recognition of the right
of priority, or his or her successor in title, shall enjoy, for
the purpose of filing an application for registration of the same
trade mark in Latvia with respect to goods and services which are
identical to or included among those regarding which the earlier
application has been filed, a right of priority during a period
of six months after the date of filing such application.
(2) An applicant desiring to take advantage of the priority of
an earlier application (Convention priority) shall include such
claim in the request of the subsequent application, indicating
the filing date of the earlier application and the state
(regional trade mark registration office) where it has been
filed, as well as the application number, if it is known on the
filing date of the subsequent application. A document certifying
the right of priority of the applicant, that is, a copy of the
earlier application certified as a true copy of the original by
the authority which accepted the previous application, shall be
submitted together with the subsequent application or may be
added to this application within three months from the date of
filing of the application.
(3) An applicant who has exhibited goods or services at an
official or officially recognised international exhibition in
Latvia or in any member state of the Paris Union, under the trade
mark, the registration of which, with respect to the same goods
or services, has been applied for, is entitled to claim a right
of priority, within the meaning of Paragraph seven of this
Section, from the first day when such goods or services were
exhibited at the referred to exhibition, if the application for
the respective trade mark is filed within six months from that
date.
(4) An applicant desiring to take advantage of the provisions
of Paragraph three of this Section (exhibition priority) shall
include a claim in the request of the application indicating the
first day of the exhibition of the goods or services and
identifying the exhibition. A document which certifies the
applicant's right of priority, namely, a document proving the
identity of the materials exhibited at the exhibition and the
date they were first exhibited (in connection with this trade
mark), issued by a competent authority of the exhibition, shall
be submitted together with the application for trade mark
registration or may be attached to the application within three
months from the date of filing of the application.
(5) The exhibition priority does not extend the period of
priority specified in Paragraph one of this Section.
(6) In determining whether the claimed priority shall be
granted to the trade mark application, the Patent Office shall
take into account the provisions of this Section, as well as the
provisions of Sections 4 and 11 of the Paris Convention, applying
these provisions, mutatis mutandis, also with respect to service
marks.
(7) A trade mark priority (right of priority) shall mean that,
upon determining which person has earlier rights, the date of
priority shall be taken into account in lieu of the filing date
of the trade mark registration.
Section 12. Preliminary Examination
of the Application
(1) Within three months of the day of the receipt of the
application, the Patent Office shall conduct a preliminary
examination of the application, verify the compliance of the
application with the requirements of Section 10 of this Law and
determine the filing date (examination of formal requirements).
If the applicant has the right to priority in accordance with the
provisions of Section 11 of this Law, the Patent Office shall
also determine the date of priority.
(2) If the application does not comply or only partially
complies with the requirements of Section 10 of this Law, the
Patent Office shall notify the applicant thereof in writing and
set a term of three months for reply (elimination of
deficiencies). At the moment of sending of the notification the
previous term of preliminary examination shall be suspended and
shall continue from the day when the reply of the applicant has
been received in accordance with the term stipulated by the
Patent Office or if the deadline for the reply has expired.
(3) If the application does not initially comply with the
provisions of Section 10, Paragraph three of this Law, which
pertain to the documents necessary for determining the filing
date, but the applicant eliminates the deficiencies within the
time stipulated by the Patent Office, the filing date shall be
determined from the day when the Patent Office has received all
the abovementioned documents. If an applicant does not eliminate
the deficiencies following the request of the Patent Office, the
application shall be deemed not to have been filed and the
applicant shall be notified thereof in writing.
(4) If the applicant has not fulfilled the prescribed
requirements for obtaining a right of priority, the priority
shall not be granted.
(5) If the application contains other serious deficiencies,
and the applicant does not eliminate them after being so
requested, the application shall be rejected and the applicant
shall be notified thereof in writing.
(6) If the application complies with the requirements of
Section 10 of this Law (even if the initially established
deficiencies have been eliminated) the Patent Office shall take a
decision to accept the application for examination (the
acceptance of the application) and send a written notice to the
applicant.
(7) [21 October 2004]
[21 October 2004]
Section 13. Examination of a Trade
Mark
(1) Within three months from the date when the application has
been accepted for expert-examination, the Patent Office shall
examine the compliance of the sign applied for registration with
the requirements of Sections 3, 6 and 8 of this Law. In the
course of the expert-examination, the Patent Office is entitled
to request from the applicant additional materials and documents
necessary for conducting the examination, indicating a period of
three months for the submission thereof. At the moment of sending
the request the term of examination shall be suspended and
continue from the day when the reply of the applicant has been
received in accordance with the term stipulated by the Patent
Office or if the deadline for the reply has expired.
(2) If it is determined during expert-examination that a trade
mark is not registrable or is registrable only with the
restrictions laid down in Paragraph five or six of this Section,
the Patent Office shall inform the applicant in writing of this
finding and set a term of three months for the submission of
observations (arguments against the grounds for refusal or
restriction of the registration).
(3) As soon as possible after receipt of observations of the
applicant or expiration of the term specified for the submission
of observations, the Patent Office shall take a decision on the
registrability of the trade mark or on refusal of registration.
The applicant shall be informed of the decision in writing.
(4) If the result of expert-examination is favourable, the
Patent Office shall take a decision to register the trade mark.
An invitation to pay the fee for the registration and publication
of the trade mark shall be appended to the decision.
(5) If it is determined that a trade mark is unregistrable
only as to certain goods or services, the Patent Office shall
take a decision to register the trade mark as to the other goods
and services listed in the application (with respect to a
restricted list of goods and services).
(6) If the elements referred to in Section 5, Paragraph four
of this Law, which individually may not be registered as trade
marks, have been incorporated in a trade mark, and there exists a
possibility that registration of such mark would cause doubt as
to the extent of the rights conferred, the Patent Office, when
registering the mark, may exclude the abovementioned elements
from protection with a special annotation (disclaimer or
exclusion from protection).
(7) The Patent Office's decision to refuse a trade mark
registration or to register it with the restrictions referred to
in Paragraph five or six of this Section shall be substantiated
by appropriate arguments and by references of the provisions of
law.
(8) [21 October 2004]
[21 October 2004]
Section 14. Withdrawal, Restriction
and Amendment of an Application
(1) The applicant has the right to withdraw the application as
a whole, or to withdraw goods and services from the submitted
list of goods and services at any time during the processing of
the application; however, the fees already paid are not
refundable.
(2) In addition to the amendments referred to in Paragraph one
of this Section, only such amendments, clarifications or
corrections may be made in a trade mark application that do not
substantially alter the trade mark itself and do not expand the
submitted list of goods and services. The Patent Office is
entitled to request amendments, clarifications and corrections at
any time during the processing of the application. Except for the
correction of obvious mistakes, as well as necessary amendments
to the name (designation) or address of the applicant or
representative, the applicant has the right, upon his or her own
initiative, to submit amendments and clarifications until the day
on which the Patent Office takes a decision to accept the
application. The Patent Office shall only take into account
permissible amendments, submitted upon initiative of the
applicant, during the examination process upon payment of the
prescribed fee. Mistakes committed by the Patent Office shall be
corrected without a fee.
(3) Amendments received by the Patent Office after the notice
of registration has been prepared for publication, shall be
deemed to be amendments to the registration information, and the
provisions of Section 17, Paragraph two of this Law shall apply
to such amendments.
(4) If during the procedure of registration, with the
exception of the cases referred to in Section 12, Paragraph
three, and in Section 13, Paragraph two of this Law the applicant
has failed, within the prescribed time, to reply to the request
of the Patent Office, or to pay the prescribed fee, and has not
applied for an extension of the term, the application shall be
deemed to have been withdrawn and the applicant shall be informed
thereof in writing.
[21 October 2004]
Section 15. Division of an
Application
(1) A trade mark registration application may be divided into
two or more applications, subdividing the list of goods and
services between the initial application and the divisional
application (or applications). The divisional application shall
preserve the filing date and priority of the initial
application.
(2) The applicant is entitled to file a request for division
of the application only up to the time when the Patent Office has
prepared the trade mark, and information regarding such, for
registration and publication.
(3) When filing a request for division of an application with
the Patent Office, the applicant shall indicate which goods and
services shall remain in the initial application, prepare each
divisional application in accordance with all the requirements of
Section 10 of this Law regarding the contents of an application,
and pay all the fees as specified for a new application. The fee
paid for the initial application shall not be refunded and shall
not be applied to a divisional application. If the applicant has
not submitted the necessary documents and materials with respect
to a divisional application or has not paid the prescribed fee
within three months from the date of receipt of the request for
division by the Patent Office, the request for division of the
application shall be deemed to have been withdrawn and the
applicant shall be informed thereof in writing.
(4) Examination of a divisional application is subject to the
requirements of Sections 12 and 13 of this Law. A request for
division of an application may not be withdrawn following the
preparation of the information for registration and
publication.
[21 October 2004]
Section 16. Registration and
Publication of a Trade Mark and Issuance of a Certificate
(1) If the applicant has paid the prescribed fee, as soon as
possible after taking of a favourable decision on the results of
expert-examination, the Patent Office shall prepare the trade
mark and the data concerning it for registration and
publication.
(2) The registration of the trade mark in the State Register
of Trade Marks shall take place simultaneously with its
publication in the official gazette of the Patent Office. The
legal consequences specified in this Law and other laws and
regulations in connection with the registration data of a trade
mark shall set in on the day of publication indicated in the
official gazette of the Patent Office irrespective of whether the
publication is in a hard copy or electronic form on the website
of the Patent Office.
(3) After registration and publication of the trade mark the
Patent Office shall issue to the owner, on an official form, a
certificate of trade mark registration.
[14 October 2010]
Section 17. State Register of Trade
Marks
(1) The Patent Office shall maintain the State Register of
Trade Marks (hereinafter - the Register) in which the registered
trade mark (its representation), information on the trade mark
owner and representative, if such has been appointed, filing date
(priority date), registration date of the mark, publication date,
the list of goods and services to which the registration of the
mark applies, as well as other information determined by the
Patent Office shall be recorded.
(2) The trade mark owner shall immediately notify the Patent
Office of any amendments or of mistakes discovered in the
information concerning the registration of the trade mark, of
changes in the owner's name (designation), of a change of
representative, of a desire to eliminate goods or services from
the list of goods and services, or of a desire to change
non-essential (secondary) elements in the trade mark itself. The
amendments or corrections may not alter the essence of the mark,
affect its distinctive character, extend the scope of rights
conferred by the trade mark, change the granted priority, or
create the likelihood of misleading consumers. If the prescribed
fee has been paid, the Patent Office shall record the permissible
amendments in the Register, publish a notice of the amendments
made in the official gazette and send it to the owner of the mark
to be attached to the certificate of trade mark registration.
Mistakes committed by the Patent Office shall be corrected
without a fee.
(3) Entries in the Register, to the extent contemplated by the
requirements of Paragraph one of this Section, after their
publication, shall be available for inspection by any person. For
a prescribed fee, the Patent Office shall provide excerpts from
the entries in the Register.
Section 17.1 Appeal
against the Decision of the Patent Office and the Progress
Thereof
(1) If an applicant or other addressee of the decision of the
Patent Office (owner of the trade mark, previous owner, legal
successor of ownership rights, licensee) disagrees with the
decision of the Patent Office, taken in connection with the
preliminary examination of an application or the results of the
expert-examination of the trade mark, or a decision taken in
another procedure in connection with the trade mark registration,
he or she is entitled to submit a written motivated appeal to the
Patent Office within three months from the day of receipt of the
decision, upon payment of the respective fee. Submission of an
appeal shall suspend the execution of the Patent Office
decision.
(2) The Patent Office shall revoke or amend the respective
decision without delay, insofar as it recognises the submitted
appeal as justified.
(3) If the revocation or amendment of a decision can affect
the rights or lawful interests of a third person or if the
decision is not revoked or amended within two weeks following the
submission of the appeal, in accordance with the procedures laid
down in Paragraph two of this Section, the Patent Office shall
hand over the appeal for examination to the Board of Appeals of
the Patent Office (hereinafter - Board of Appeals).
(4) If the decision of the Patent Office is revoked or amended
in accordance with Paragraph two of this Section and it satisfies
the appellant, he or she shall withdraw the appeal. The fee paid
for the submission of the appeal shall be repaid in accordance
with the procedures laid down in the Administrative Procedure
Law.
(5) If the amendments to the decision do not satisfy the
appellant, he or she shall notify the Patent Office thereof,
within three months from the day of the receipt of the amended
decision, which shall forward the appeal without delay to the
Board of Appeals.
(6) Until the examination by the Board of Appeals, the
appellant is entitled to update or supplement the submitted
appeal.
[21 October 2004]
Section 18. Opposition to the
Registration of a Trade Mark
(1) Within three months from the date of the publication of a
trade mark, interested persons may, upon payment of the
applicable fee, submit an opposition to the registration of a
trade mark. The opposition shall be filed with the Board of
Appeals in writing, substantiated by appropriate arguments and
references to provisions of law. After expiration of the
abovementioned term, the opponent does not have the right to
change (expand) the initial legal basis of the opposition, but
may, up until the decision of the Board of Appeals is taken,
submit additional documents and materials, that confirm (detail)
the facts on which the opposition is based.
(2) Any person may file an opposition, if the registered trade
mark does not comply with the provisions of Section 3 of this
Law, or if the registration would be invalidated in accordance
with the provisions of Section 6, or if the provisions of Section
9, Paragraph three, Clause 1 are applicable.
(3) An opposition based on the provisions of Section 7 or 8 of
this Law, or Section 9, Paragraph one, Paragraph two, Paragraph
three, Clause 2, 3 or 4, or Paragraph four may be filed by
persons who are the owners of earlier trade marks, well-known
trade marks, or have other earlier rights (also their successors
in title) or their representatives, as specified in the
applicable provisions.
(4) An opposition based on the provisions of Section 8 or
Section 9, Paragraph one, Paragraph two, Paragraph three, Clause
2, 3 or 4, of this Law in addition to the persons referred to in
Paragraph three of this Section, may also be filed by
professional associations and associations of manufacturers,
traders and providers of services, whose articles of association
provide for the protection of the economic interests of their
associates (members), as well as by organisations and
authorities, whose purpose, under their articles of association,
is the protection of the rights of consumers.
(5) The Board of Appeals shall inform the owner of the opposed
trade mark of the opposition and set a term of three months for
the submission of a reply.
(6) If an opposition has not been filed within the term laid
down in law, the registration of the trade mark may be contested
only in court.
Section 19. Examination of Appeals
and Oppositions
(1) The appeals filed in accordance with the provisions of
Section 17.1 of this Law and the oppositions filed in
accordance with the provisions of Section 18 shall be examined by
the Board of Appeals, which has been established in accordance
with the provisions of the Patent Law.
(2) Appeals shall be reviewed within three months from the
date of the receipt thereof by the Patent Office. If the decision
of the Patent Office is amended in accordance with the procedures
laid down in Section 17.1, Paragraph two of this Law
but the appeal has not been withdrawn, it shall be examined not
later than within two months from the day of receipt of the
notification provided for in Section 17.1, Paragraph
five of this Law.
(3) An opposition shall be reviewed within three months from
the day of the receipt of a reply from the trade mark owner or
from the day when the deadline for the submission of a reply has
expired. If an opposition based on the provisions of Section 7 of
this Law is submitted, and the contested trademark is opposed by
an earlier trademark that has not yet been registered, the
examination may be suspended upon request of the opponent, until
the opposing trade mark is registered and published. If prior to
the examination of the opposition a claim is submitted to court
for the invalidation of the registration of the opposing trade
mark or for the revocation of the registration of this trade
mark, and if the outcome of the examination of the opposition may
be affected by the validity of the registration, the Board of
Appeals shall stay the opposition proceedings until the
adjudication of the claim.
(4) The appellant or his or her representative shall be
invited to take part in the hearing of the Board of Appeals, in
which an appeal against a decision of the Patent Office is
reviewed. The opponent or his or her representative and the owner
of the contested trade mark, or his or her representative shall
be invited to take part in the hearing of the Board of Appeals,
in which an opposition to the registration of the trade mark is
reviewed. All interested parties are entitled to submit the
necessary documents and materials and to provide oral
arguments.
(5) According to the results of the review of an appeal, the
Board of Appeals shall take a decision to grant the appeal, fully
or in part, or to reject it, while the respective decision of the
Patent Office may be revoked, amended or allowed to remain in
effect, by the decision of the Board of Appeals. If the appeal
has been filed against a decision of the Patent Office with
respect to the results of an expert-examination (Section 13,
Paragraph seven), the trade mark may be declared registrable,
fully or with the restrictions referred to in Section 13,
Paragraphs five and six of this Law, or the decision to refuse
the registration may be allowed to remain in effect. If new facts
are revealed in a case in connection with the appeal, the Board
of Appeals may take a decision to reconsider (re-examine) the
application.
(6) According to the results of the examination of an
opposition, the Board of Appeals shall take a decision to grant
the opposition, fully or in part, or to reject it, while the
opposed trade mark may be, as a result of the decision of the
Board of Appeals, invalidated as of its registration date,
declared valid with the restrictions referred to in Section 13,
Paragraphs five and six of this Law, or declared valid in
accordance with its registration.
(7) Where the opposition is fully or partly based on an
earlier trade mark (within the meaning of Section 7, Paragraph
two of this Law), that has been registered no less than five
years previously, the owner of the contested trade mark is
entitled to request that the opponent provide obvious and
sufficient (prima facie) evidence that this earlier trade mark
has been actually used within the meaning of Section 23 of this
Law. The Board of Appeals shall disregard such grounds for
opposition if the applicable evidence is not provided as
requested, or if there is no such evidence pertaining to the last
five years prior to the examination of the opposition. If the
opposing earlier trade mark has been used only with respect to
part of the goods and services for which it has been registered,
the Board of Appeals shall consider the previously mentioned
grounds for opposition only with respect to the goods and
services for which use has been substantiated by obvious and
sufficient (prima facie) evidence.
(8) The Board of Appeals shall take its decision in camera.
The operative part of the decision shall be announced at the end
of the hearing, whilst a substantiated decision in written form
shall be sent to the persons referred to in Paragraph four of
this Section within one month, who have the right to appeal this
decision in court within three months from the day of the receipt
of the copy of the decision. The submission of an application to
the court shall suspend the execution of the decision of the
Board of Appeals.
(9) Regardless of the submission of an application in respect
of the decision of the Board of Appeals, an interested person may
contest the registered trade mark (in accordance with the
provisions of Section 31 or 32 of this Law). If the claim was
submitted before the examination of the matter with respect to
the appeal regarding the decision of the Board of Appeals,
administrative proceedings shall be stayed until the adjudication
of the claim.
[21 October 2004]
Section 20. Division of a
Registration
(1) A trade mark registration may be divided into two or more
registrations, subdividing the list of goods and services for
which the mark has been registered, between the initial
registration and the divisional registration (registrations). The
divisional registration shall retain the filing date and the
priority of the initial registration.
(2) A request for division of a registration may be submitted
only after expiration of the term for oppositions (opposition
period) laid down in Section 18, Paragraph one of this Law.
(3) When submitting a request for division to the Patent
Office, the owner of the trade mark shall indicate which goods
and services are to remain in the initial registration and which
are to be included in the divisional registration
(registrations), as well as pay the prescribed fee for trade mark
registration and publication with respect to each of the
divisional registrations.
(4) If the prescribed fee is not received by the Patent Office
within three months from the date of receipt of the request for
division, the request for division of the registration shall be
deemed withdrawn.
(5) If the owner of the trade mark has paid the prescribed
fee, the Patent Office shall, as soon as possible, enter the
divisional registration and the amendments with respect to the
initial registration into the Register, publish the relevant
notices in its official gazette, as well as issue a certificate
of registration regarding the divisional registration and
supplement the certificate of the initial registration in
accordance with the provisions of Section 16, Paragraph three and
Section 17, Paragraph two of this Law.
(6) After the divisional registration information has been
prepared for registration and publication, the applicant is not
entitled to withdraw the request for division.
[21 October 2004]
Section 21. Validity and Renewal of
a Registration
(1) The registration of a trade mark is valid for a period of
10 years from the filing date, if it is not cancelled upon
initiative of the owner of the trade mark, invalidated or revoked
in accordance with the provisions of Section 30, 31 or 32 of this
Law.
(2) The registration may, every 10 years, be renewed (the
trade mark re-registered) for another 10-year period. The owner
of the trade mark shall submit a request for renewal of
registration within the last year of validity of the trade mark
registration, paying the prescribed fee. The Patent Office shall,
upon the owner's request and the payment of an additional fee,
prescribe an additional six-month period after expiration of the
registration for the renewal of the registration.
(3) The Patent Office shall enter the information concerning
the renewal of the registration into the Register, publish a
notice thereof in its official gazette and send it to the owner
of the mark to be attached to the trade mark certificate of
registration.
Section 22. Extension of Terms
(1) The Patent Office or Board of Appeals is entitled to
extend the terms relating to activities of the Patent Office or
the Board of Appeals laid down in this Law or the terms
stipulated by the Patent Office or the Board of Appeals for a
period of time not exceeding three months, provided that the
request for such extension has been received by the Patent Office
before expiration of the term in question and the fee for
extension of the term has been paid.
(2) Paragraph one of this Section shall not apply to the
following terms:
1) the convention priority term and exhibition priority term
(Section 11, Paragraphs one and three);
2) the term for the submission of an opposition (Section 18,
Paragraph one, Section 39, Paragraph five);
3) the term for the appeal of a decision of the Board of
Appeals (Section 19, Paragraph eight);
4) the term of validity of the registration and the terms
specified for the renewal of the registration (Section 21);
5) the terms specified for the continued processing and
reinstatement of rights (Section 22.1, Paragraph two,
Section 22.2, Paragraph two).
[14 October 2010]
Section 22.1 Continued
Processing Following the Non-Observance of Terms
(1) An applicant, owner of a trade mark or other interested
person, who has not observed the terms laid down in this Law in
connection with the activities of the Patent Office, may request
the continued processing.
(2) A request for the continued processing shall be submitted
to the Patent Office not later than two months following the
receipt of the notification of the Patent Office regarding the
non-observance of the term or regarding the loss of rights
provided for by this Law due to the non-observance of the term if
the activities provided for within the non-observed term have
been executed and the State fee has been paid for the continued
processing. If the activities provided for have not been executed
or the State fee for the continued processing has not been paid,
the request shall be considered to have been withdrawn.
(3) If the request for the continued processing is satisfied,
the non-observance of terms shall have no legal consequences.
(4) Continued processing may not be requested if the following
terms have not been observed:
1) the terms which have been specified for the continued
processing (Paragraph two of this Section);
2) the convention priority term and exhibition priority term
or term specified for the submission of documents certifying
rights to the priority (Section 11);
3) the term specified for the submission of observations
during the course of the expert-examination of a trade mark
(Section 13, Paragraph two);
4) the term for the submission of an opposition (Section 18,
Paragraph one, Section 39, Paragraph five);4) the term for the
submission of an opposition (Section 18, Paragraph one, Section
39, Paragraph five);
5) the term of validity of the registration and the terms
specified for the renewal of the registration (Section 21);
6) the terms specified for the reinstatement of rights
(Section 22.2, Paragraph two).
[14 October 2010]
Section 22.2
Reinstatement of Rights
(1) If an applicant, owner of a trade mark or other interested
person has not observed the term laid down in this Law in
connection with the activities of the Patent Office and the
direct consequences of the non-observance of the term are the
rejection of an application for the registration of a trade mark,
the consideration of an application for registration or other
request as non-submitted or withdrawn, the cancellation of the
registration or the loss of other rights provided for in this
Law, this person may request the reinstatement of the respective
rights.
(2) A request for the reinstatement of rights in accordance
with Paragraph one of this Section shall be submitted to the
Patent Office within two months following elimination of the
reasons for which the term was not observed, but not later than
within one year following expiry of the initially specified term,
if the activities provided for within the non-observed term have
been executed and the State fee for the reinstatement of rights
has been paid. The reasons for the non-observance of the term
shall be justified in the request and the necessary evidence
shall be appended thereto. If the activities provided for have
not been executed or the State fee for the continued processing
has not been paid, the request shall be considered to have been
withdrawn.
(3) If in the case laid down in Paragraph one of this Section,
the Patent Office establishes that the term has been exceeded in
spite of due care required by the circumstances having been taken
and the requirements of Paragraph two of this Section have been
fulfilled, it shall reinstate the rights of the applicant, owner
of the trade mark or other interested person to the application
for registration, registration or other rights lost.
(4) Prior to the complete or partial rejection of a request
for the reinstatement of rights the Patent Office shall notify
the submitter of the request in writing of the grounds for the
potential rejection and invite him or her to submit his or her
considerations in connection to these grounds within three months
following the receipt of the notification.
(5) Reinstatement of rights may not be requested in the
following cases:
1) the terms specified for the reinstatement of rights
(Paragraph two of this Section) have not been observed;
2) the term specified for the submission of observations upon
request to the Patent Office during the course of the examination
of a trade mark (Section 13, Paragraph two) has not been
observed;
3) the term for the submission of oppositions (Section 18,
Paragraph one, Section 39, Paragraph five) has not been
observed;
4) the terms specified for the continued processing (Section
22.1, Paragraph two) have not been observed;
5) the nature of the matter allows the application of the
provisions for the continued processing in accordance with
Section 22.1 of this Law.
(6) If rights are reinstated and therefore it is necessary to
amend the previous officially published notice, relating to the
registration of a trade mark, the Patent Office shall make the
appropriate entry in the Register and publish a notice regarding
the reinstatement of rights in the official gazette of the Patent
Office.
[14 October 2010]
Section 22.3 Decisions on
Extending Terms, Continued Processing and the Reinstatement of
Rights
(1) The Patent Office or the Board of Appeals, when taking a
decision to extend a term in conformity with Section 22 of this
Law, or the Patent Office, when taking a decision on continued
processing in conformity with Section 22.1 of this Law
or on reinstatement of rights in conformity with Section
22.2 of this Law, shall take into account the
interests of a third person, if the decision may affect them.
(2) If a request for the extension of a term, the continued
processing or the reinstatement of rights is satisfied, the
decision thereof may be combined with a decision taken by the
Patent Office or the Board of Appeals in accordance with the
provisions of this Law in the respective subsequent
procedure.
(3) The decision shall be notified to the submitter of the
request and, if it may affect a third person, the third person
shall also be notified thereof.
[14 October 2010]
Chapter V
Use of Trade Marks
Section 23. Use of Trade Marks
(1) The use of a trade mark shall be considered to be the use
of a trade mark on goods and their packaging, on any
documentation accompanying the goods, in the advertising of the
goods or services, or in relation to other economic activities in
connection with the relevant goods or services.
(2) The use of a trade mark shall also be considered to be the
use of a trade mark in a form differing in individual
non-essential elements, if the changes permitted to the form of
the mark do not alter the distinguishing features and distinctive
character of the trade mark as registered.
(3) If, within five years from the date of registration, the
owner of the trade mark has not commenced the actual use of the
trade mark in Latvia in connection with the goods and services
for which it has been registered, or if such use has been
discontinued during the period of validity of the trade mark for
five successive years, and there are not sufficient reasons for
non-use, the provisions of Section 19, Paragraph seven; Section
28, Paragraph three; Section 31, Paragraph two and Section 32 may
be applied with respect to this trade mark.
(4) The use of a trade mark in commercial activities, with the
purpose of gaining or maintaining a certain market position for
the respective goods or services shall be recognised as actual
use.
(5) The use of a trade mark in Latvia on such goods or their
packaging as are intended solely for export shall also be
considered to be the use of a trade mark.
(6) If a trade mark is used with the consent of the owner, it
shall be considered that the mark is being used by its owner.
[21 October 2004]
Section 24. Warnings Regarding
Exclusive Rights to a Trade Mark
(1) The owner of a trade mark is entitled to place, next to
the registered and valid trade mark, a sign consisting of an
encircled letter "R" or wording which warns of the registration
of the mark ("Trade mark registered in Latvia" and the like).
(2) The owner of a trade mark shall not mislead the public by
affixing a warning sign of a registered mark to a trade mark
which is not registered in Latvia or elsewhere.
(3) If the owner of a trade mark has reason to believe that a
person is infringing the exclusive rights of the owner by using
in commercial activities any of the signs referred to in Section
4, Paragraph six, Clause 1 or 2, or Section 4, Paragraph seven,
the owner of the trade mark is entitled to warn such person of
the alleged infringement.
Section 25. Transfer of a Trade Mark
to Other Persons
(1) The owner of a trade mark shall have the right to transfer
his or her trade mark to another person in relation to one,
several or all of the goods or services for which the mark is
registered, together with the undertaking, or a part thereof,
that has been using this mark, or separately from the said
undertaking.
(2) If an undertaking, or a part thereof, is transferred to
another person, the right to the trade marks directly connected
with the operation of the undertaking or part thereof shall be
deemed to be transferred together with the undertaking or a part
thereof if it is not otherwise laid down in the agreement between
the parties, or if circumstances of the matter do not clearly
dictate otherwise.
(3) The Patent Office, after receipt of a request, a document
attesting to the transfer of rights and the prescribed fee, shall
enter into the Register and publish in the official gazette
information concerning the change in ownership of a registered
trade mark, and the transfer of a trade mark to another person,
as well as send to the owner (owners) a notice of the entry made
in the Register.
(4) If the transfer of a trade mark to another person (change
in ownership) does not include all the goods and services for
which the mark is registered, the Patent Office shall divide the
registration by applying to it, mutatis mutandis, the provisions
of Section 20 of this Law, and create a new registration with
respect to the goods and services for which the owner has
changed.
(5) A trade mark transfer agreement with respect to third
persons shall take effect on the date of publication of the
notice in the official gazette of the Patent Office. The
successor in title (the new owner of the trade mark) may not
exercise the rights arising from trade mark registration prior to
the date when the change in ownership is entered into the
Register.
(6) A trade mark transfer agreement may be declared null and
void if the change in ownership, intentionally or
unintentionally, misleads or may mislead consumers with respect
to the origin, nature, quality or other characteristics of the
goods and services in relation to which the mark is used or is
intended to be used. Any person may bring an action before the
Vidzeme Suburb Court of Rīga City to declare the trade mark
transfer agreement as null and void.
(7) If a trade mark registration application is transferred to
another person before the Patent Office has taken a decision to
register the mark, the Patent Office shall, upon receipt of a
request, a document attesting to the transfer of rights and the
prescribed fee, regard the change of applicant as an amendment to
the application within the meaning of the relevant provisions of
Section 14 of this Law, and continue examination of that
application with respect to the new applicant.
(8) If the transfer of a trade mark application to another
person (change of applicant) does not apply to all the goods and
services included in the application, the Patent Office shall
divide the application, mutatis mutandis applying the provisions
of Section 15 of this Law, and create a new application
concerning the goods and services as to which the applicant has
been changed.
[21 October 2004; 11 December
2014]
Section 25.1 Trade Mark
During the Process of the Legal Protection of a Commercial
Company, the Process of Insolvency and a Trade Mark as the
Subject of Pledge Rights
(1) If a registered trade mark is involved in the process of
the legal protection of a commercial company, or a process of
insolvency, or if it is distressed by court decision, the Patent
Office, according to the court decision, shall make the
respective note in the Register. Information regarding the note
made shall be notified in writing to the applicant and published
in the official gazette of the Patent Office.
(2) A trade mark registered with the Patent Office in
accordance with the procedures of the national procedure shall be
pledged in accordance with the provisions of the Commercial
Pledge Law. The Patent Office shall record a commercial pledge
note on the basis of a notification of the holder of the register
of commercial pledges. Information regarding the note made shall
be notified to the owner of the trade mark, and published in the
official gazette of the Patent Office.
[21 October 2004; 14 October 2010;
3 July 2014 / The new wording of Paragraph two shall come into
force on1 January 2015. See Paragraph 11 of Transitional
Provisions]
Section 26. Licensing Agreement of a
Trade Mark
(1) The owner of a trade mark is entitled to transfer,
pursuant to a licensing agreement, the right to use the trade
mark with respect to one, several or all of the goods or services
for which the mark is registered. According to the nature of the
licence (an exclusive or nonexclusive licence) the person
granting the right to the trade mark (the licensor) and the
person receiving the right (the licensee) shall both undertake
certain rights and obligations.
(2) A licence shall be of an exclusive character if the
licensee receives exclusive rights to use the trade mark in
accordance with the provisions provided for in the licensing
agreement and the licensor retains the right to use the trade
mark insofar as this right has not been transferred to the
licensee.
(3) A licence shall be of a nonexclusive character if the
licensor, when granting to another person the right to use the
trade mark, reserves the right to use this trade mark, as well as
the right to grant a licence for the same trade mark to third
persons.
(4) The owner of a trade mark is entitled to invoke the
exclusive rights against a licensee who contravenes any provision
of the licensing agreement with regard to:
1) the term of the licence;
2) the form in which the trade mark may be used in accordance
with the registration;
3) the list and nature of the goods and services for which the
licence is granted;
4) the territory in which the trade mark is authorised to be
used;
5) the quality of the goods manufactured or of the services
provided by the licensee.
(5) The licence granted may not be assigned to third persons,
and the licensee shall have no right to grant a sub-licence,
unless otherwise provided in the licensing agreement.
(6) The Patent Office shall, after receipt of a relevant
submission from the licensor or licensee, a document certifying
the information to be included in the Register and payment of the
prescribed fee, enter the information concerning the licensing
agreement of a registered trade mark in the Register and publish
it in the official gazette of the Patent Office, and send a
notification to the licensor and licensee of the entry made in
the Register. By these procedures information regarding the
expiry of the term of validity of the agreement and amendments to
the provisions of the licence shall also be included in the
Register and published.
(7) A licensing agreement may be declared null and void, if
the use of the trade mark by the licensee, intentionally or
unintentionally, misleads consumers as to the origin, nature,
quality or other characteristics of the goods and services in
relation to which the mark is used. The licensor or any other
person may bring an action in the Vidzeme Suburb Court of Rīga
City to declare the licensing agreement as null and void.
(8) The fact that the information about a licensing agreement
is not entered in the Register or is not published, does not
constitute grounds for opposing the validity of a trade mark in
accordance with the provisions of Section 31 or 32 of this Law,
or for applying the restrictions for non-use of a trade mark as
provided by Section 23, Paragraph three (in such cases Section
23, Paragraph six shall apply), or for opposing the right of a
licensee to intervene in an action for trade mark infringement
instituted by the owner of the trade mark under the provisions of
Section 28, Paragraph two, or for opposing the right of a
licensee to receive compensation for the damages caused by
unlawful use of the licensed trade mark.
(9) The validity of a trade mark registration, the application
of the provisions of Section 23, Paragraph six of this Law, and
the rights of the licensee referred to in Paragraph eight of this
Section may also not be contested on the basis of the fact that
the licensee has not indicated on the goods or their packaging,
with respect to the services provided or in the advertising of
the said goods and/or services that the trade mark is being used
pursuant to a licence, or where such indication is unclear.
(10) The transfer of a trade mark within the meaning of
Section 25, Paragraph one of this Law and the grant of a licence
within the meaning of Paragraphs one, two and three of this
Section shall not affect licences previously granted to third
persons.
[21 October 2004; 11 December
2014]
Section 27. Unlawful Use of a Trade
Mark (Trade Mark Infringement)
(1) Unlawful use of a trade mark shall be construed as an
infringement of the exclusive rights of the trade mark owner,
namely, the use, in commercial activities, of the signs referred
to in Section 4, Paragraph six, Clause 1 or 2 of this Law, or in
Section 4, Paragraph seven, without the consent of the owner of
the trade mark, including use of such signs in the ways specified
in Section 4, Paragraph eight.
(2) In determining whether the use of a specific sign shall
qualify as unlawful use of a trade mark, simultaneously and in
addition to the provisions of Paragraph one of this Section, the
provisions of Section 5 of this Law on restrictions of exclusive
rights, the restrictions due to non-use of a trade mark as
provided for in Section 23, Paragraph three, and the restrictions
of rights (forfeiture of rights) as a result of acquiescence as
provided for in Section 29, shall be also considered in the
respective cases.
Section 28. Liability for Unlawful
Use of a Trade Mark
(1) Liability for unlawful use of a trade mark shall arise,
where the fact of infringement of the trade mark is proved in
accordance with the provisions of Section 27 of this Law.
Liability for unlawful use of a trade mark may also be determined
if it is established that the exclusive rights of the owner of
the trade mark may be violated or are soon to be violated
(potential infringement), because the defendant himself or
herself or with the aid of another person (intermediary) has
performed measures which are recognised as preparations for the
unlawful use of the trade mark.
(2) The owner of a trade mark or his or her successor in title
may bring an action in the Vidzeme Suburb Court of Rīga City for
unlawful use of the trade mark. The licensee is entitled to bring
a separate action for unlawful use of the trade mark only with
the consent of the owner of the trade mark. The consent of the
owner of the trade mark is not necessary if the licensee has been
granted the right independently to bring an action in a licensing
agreement, or if the owner of the trade mark does not bring an
action even though the licensee has invited the owner to do so in
writing. Any licensee of the respective trade mark is entitled to
intervene in the matter and seek damages that have resulted from
unlawful use of the licensed trade mark.
(3) The person against whom an action for unlawful use of a
trade mark is brought may, in accordance with the provisions of
Section 31 or 32 of this Law, bring a counter-claim to invalidate
or revoke the trade mark registration. In such cases trade mark
infringement may be determined to the extent that its
registration is not declared invalid or revoked.
(4) When determining liability for unlawful use of a trade
mark, for the purposes of determining the degree of fault, the
fact of receipt of the warning notice referred to in Section 24,
Paragraph three of this Law may be used as evidence.
(5) An action for the infringement of a trade mark may be
brought within three years from the date when the aggrieved party
became aware, or should have become aware, of the occurrence of
infringement of the trade mark.
(6) An action for the unlawful use of a trade mark may also be
based upon the provisions of laws and regulations regarding
unfair competition or other laws and regulations.
[8 February 2007; 11 December
2014]
Section 28.1 Procedures
for Determining the Amount of Damages and Compensation for Moral
Damage
(1) If unlawful use of a trade mark has occurred due to the
fault of a person, the legal subjects referred to in Section 28,
Paragraph two of this Law are entitled to request damages and
compensation for moral damage caused.
(2) The amount of damages and compensation for moral damage
shall be determined in accordance with the Civil Law. When
determining the amount of damage, the amount of profit acquired
unfairly by a person who has unlawfully used the trade mark may
also be taken into account.
(3) If the actual amount of damages cannot be determined in
accordance with Paragraph two of this Section, the amount of
damages shall be commensurate with the amount which may be
received by the owner of the trade mark for handing over the
rights to use the trade mark to a licensee.
[8 February 2007]
Section 29. Restrictions of Rights
(Forfeiture of Rights) as a Result of Acquiescence
(1) If the owner of an earlier trade mark (within the meaning
of Section 7, Paragraph two of this Law) has not contested, in
administrative or court proceedings, the use of a later trade
mark registered in Latvia for a period of five successive years,
although aware of such use, he or she are no longer entitled, on
the basis of his or her earlier trade mark, either to request the
invalidation of the later trade mark, or to oppose the use of the
later trade mark with respect to the goods and services for which
the later trade mark has been used, except in the case when
registration of the later trade mark was applied for in bad
faith.
(2) In the case referred to in Paragraph one of this Section,
the owner of the later registered trade mark is not entitled to
contest the right of the earlier trade mark, even if those
rights, in accordance with the provision of Paragraph one of this
Section, may no longer be invoked against the later trade
mark.
Chapter VI
Termination of the Validity of a Trade Mark
Section 30. Cancellation of a Trade
Mark Registration on the Initiative of the Owner of the Trade
Mark (Surrender of Registration)
(1) The owner of a trade mark may petition the cancellation of
the registration of a trade mark before the expiration of the
validity of the mark. If a submission for cancellation is
received by the Patent Office and the prescribed fee has been
paid, the trade mark registration shall be cancelled as of the
date specified by the owner, but no earlier than as of the date
of receipt of the submission. The Patent Office shall make a
corresponding entry in the Register, publish a notice in the
official gazette, and send it to the owner of the trade mark.
(2) If the submission of the owner of the trade mark to cancel
the trade mark registration does not apply to all the goods and
services for which the mark is registered, it shall be considered
as an amendment in the trade mark registration information and
examined in accordance with the provisions of Section 17,
Paragraph two of this Law.
(3) The Patent Office shall not cancel a trade mark
registration in accordance with the provisions of this Section
if, with respect to this registration, the Register contains
information concerning one valid licensing agreement or several
valid licensing agreements, and written consent of the relevant
licensees to cancel the registration is not attached to the
submission of the owner of the trade mark.
Section 31. Invalidation of a Trade
Mark Registration
(1) A trade mark registration may be invalidated by the
judgment of a court, if the registered trade mark does not comply
with the provisions of Section 3 of this Law, or if the grounds
for invalidation of the trade mark as specified in the provisions
of Sections 6, 7, 8 or 9 of this Law exist (continue to exist at
the time the matter is adjudicated).
(2) If the action is based on an earlier trade mark (within
the meaning of Section 7, Paragraph two), and the defendant has
brought a counterclaim on the basis of non-use of the earlier
trade mark (within the meaning of Section 23), the trade mark
registration shall be invalidated to the extent that the
counterclaim cannot be met.
(3) An action may be brought in the Vidzeme Suburb Court of
Rīga City in accordance with this Section by persons who, in
accordance with the provisions of Section 18, Paragraphs two,
three and four of this Law, are entitled, in relevant cases, to
file oppositions to trade mark registration. Such an action, if
there exist sufficient grounds for it, may be brought as a
counterclaim also in proceedings for unlawful use of a trade
mark.
(4) If the provisions referred to in Paragraph one of this
Section are valid, the trade mark registration shall be
invalidated from the date of its registration.
(5) If there are grounds for invalidation of a trade mark
registration only with respect to some of the goods and services
for which the trade mark is registered, the registration shall be
invalidated only with respect to those goods and services.
(6) The person whose claim for the invalidation of a trade
mark has been satisfied in court shall submit a copy of the
judgment of the court to the Patent Office. The Patent Office
shall make an entry in the Register regarding the invalidation of
the trade mark or amendments to the information in the Register
and publish the respective notice in the official gazette of the
Patent Office and notify the claimant and owner (former owner) of
the trade mark thereof.
[21 October 2004; 11 December
2014]
Section 32. Revocation of a Trade
Mark Registration
(1) A trade mark registration may be revoked by a judgment of
the court if the trade mark, after its registration, has not been
actually used (within the meaning of Section 23 of this Law) for
a period of five successive years in connection with the goods
and services for which it is registered, and if there are not
valid reasons for non-use.
(2) The action for revocation of a trade mark registration
referred to in Paragraph one of this Section may not be
maintained (may not be allowed), if during the interval between
the expiration of the said five-year period of non-use and the
bringing of the action for revocation, actual use of the trade
mark has been commenced or resumed. The fact that a trade mark
has been used not longer than three months preceding the bringing
of the action for revocation and that the preparations for the
commencement or resumption of use of the trade mark were
commenced only after expiration of the actual period of non-use
of the trade mark as specified in Section 23, shall not be
considered to be commencement or resumption of use of a trade
mark.
(3) A trade mark registration may also be revoked by a
judgment of the court if, after registration of the trade mark,
through the action (or inaction) of the owner, it has become a
generic name (established name) in the trade for a product or
service with respect to which it is registered.
(4) A trade mark registration may also be revoked by a
judgment of the court if, as a result of the use of a trade mark,
after its registration by the owner of the trade mark or with the
consent of the owner, in connection with the goods or services
for which it is registered, the public may be misled, especially
as to the nature, quality or geographical origin of those goods
or services.
(5) Any interested party may bring an action in the Vidzeme
Suburb Court of Rīga City for revocation of a trade mark in
accordance with the provisions of this Section at any time during
the period of validity of the trade mark. Such a claim, provided
there exist sufficient grounds for it, may be brought as a
counterclaim, also in proceedings for unlawful use of a trade
mark.
(6) If grounds for revocation of the registration of a trade
mark exist with respect to only some of the goods and services
for which the mark is registered, the registration shall be
revoked only with respect to those goods and services.
(7) The court shall indicate in the judgment from which day
the trade mark registration shall be revoked. If it is not
determined when the circumstances which are the basis for the
revocation of the trade mark registration had set in, it shall be
revoked from the day when the application for the action was
submitted to the court. The person whose claim for the revocation
of a trade mark has been satisfied in court shall submit a copy
of the judgment of the court to the Patent Office. The Patent
Office shall make the relevant entry in the Register regarding
the revocation of the trade mark or the relevant amendments in
the registration information as of the day specified in the
judgment and publish a relevant notice in the official gazette of
the Patent Office, and notify the claimant and owner (former
owner) of the trade mark thereof.
[21 October 2004; 11 December
2014]
Section 33. Cancellation of a Trade
Mark Registration due to Expiration of its Period of Validity
(Exclusion from the Register)
(1) The Patent Office shall cancel a trade mark registration
if the term of trade mark validity and the additional six-month
period for renewal of the registration have expired but the
registration has not been renewed (the mark is not re-registered)
in accordance with the prescribed procedures.
(2) Registrations which have not been renewed shall be
excluded from the Register as of the date following the last
10-year period of trade mark validity. The Patent Office shall
publish a corresponding notice in the official gazette and send
it to the owner of the trade mark.
[21 October 2004]
Chapter VII
Collective Marks
Section 34. Collective Marks and
Rights to Them
(1) A collective mark may be formed by any sign that complies
with the provisions of this Law concerning types of trade mark
(Section 3) and allows to distinguish the goods or services of
the members (associates) of the association which is the owner of
the collective mark, from the goods and services of other
undertakings. Each undertaking of such an association may at the
same time also have its own trade marks.
(2) Any association, the existence of which is not contrary to
the laws of its state of origin, and which has been registered in
accordance with specified procedures, even if such an association
does not own a manufacturing or commercial undertaking, may be
the owner of a collective mark.
(3) Signs and indications which may be used, in trade, to
designate the geographical origin of the goods or services, may
be registered as collective marks without application to such
marks the relevant restriction of Section 6, Paragraph one,
Clause 3 of this Law. However, the registration of such
collective marks does not entitle the owner the right to prohibit
other persons from using, in commercial activities, such signs or
indications, provided that such use complies with fair
manufacturing and commercial activity practices; in particular,
the right of third persons to use a geographic name may not be
opposed based on such a collective mark.
Section 35. Use of a Collective Mark
and By-laws Governing Such Use
(1) The provisions for the use of trade marks, within the
meaning of Section 23 of this Law, shall be deemed to be complied
with as to a collective mark, if that mark is being used in any
of the ways provided for in Section 23 and in accordance with the
by-laws on the use of the collective mark, by at least one of the
persons who has the right to use it.
(2) Collective marks may not be transferred to other persons.
The right to use a collective mark may not be transferred to
other persons under a licensing agreement, unless otherwise
provided in the by-laws on the use of the collective mark.
(3) Unless otherwise provided in the by-laws on the use of the
collective mark, the persons who have the right to use the
collective mark shall have the same rights and obligations in
actions for infringement of a collective mark, as are provided
for in Section 28, Paragraphs one and two of this Law with
respect to trade mark licensees.
(4) In applying for registration of a collective mark, the
by-laws on the use of the collective mark that have been approved
by the administrative authority of the collective body (the
applicant for the mark) or its authorised representative must be
submitted in addition to the materials and documents specified in
Section 10 of this Law. The by-laws shall contain a list of
persons who have the right to use the collective mark
(information to make possible unmistakable identification of such
persons), conditions of use of the collective mark and
information as to the monitoring of compliance with these
conditions, including possible sanctions for non-compliance with
these conditions. If the collective mark referred to in Section
34, Paragraph three of this Law is applied for, the by-laws must
provide the opportunity for any person whose goods or services
originate in the geographical area concerned, to become a member
(an associate) of the association which is the owner of the
collective mark.
(5) After publication of the notice of the registration of the
collective mark, the by-laws on the use of the collective mark
shall be available for inspection by any person.
(6) The owner of the mark shall inform the Patent Office,
without delay, of any subsequent amendments to the by-laws on the
use of the collective mark and pay the prescribed fee. The
amendments to the by-laws on the use of the collective mark shall
enter into effect with respect to third parties on the day of
publication of the notice of the amendments in the official
gazette of the Patent Office.
Section 36. Additional Provisions
for Invalidation of a Collective Mark
(1) In addition to the grounds for opposition as provided for
in Section 18 of this Law, any person may, in accordance with the
prescribed procedures, file an opposition to the registration of
a collective mark, if the registered mark does not comply with
the requirements of Section 34, Paragraph one, or the owner of
the mark does not comply with the requirements of Section 34,
Paragraph two as to an owner of a collective mark, or if the
by-laws on the use of the collective mark do not comply with the
requirements of Section 35, Paragraph four, or the provisions of
the by-laws are contrary to public policy or socially accepted
principles of morality.
(2) In addition to the provisions of Section 31 of this Law,
the registration of a collective mark may also be invalidated by
the judgment of a court as from the date of registration, if the
claim is based on one of the grounds of the previous Paragraph of
this Section.
(3) In addition to the provisions of Section 32 of this Law,
the registration of a collective mark may also be revoked by the
judgment of a court if:
1) the owner of the collective mark no longer exists;
2) the owner of the collective mark does not take reasonable
measures to prevent violations of the by-laws on the use of the
collective mark;
3) due to amendments to the by-laws on the use of the
collective mark it no longer complies with the requirements of
Section 35, Paragraph four, or the provisions of the by-laws are
contrary to public policy or socially accepted principles of
morality.
(4) In the cases provided for in this Section, as regards the
non-compliance of the by-laws on the use of the collective mark
with the prescribed requirements, public policy or principles of
morality, the Board of Appeals and the court shall not
invalidate, or, as the case may be, revoke the collective mark,
if, within the time periods set by the Board of Appeals or the
court, the owner of the collective mark makes corrections to the
by-laws on the use of the collective mark that eliminate the
deficiencies.
Chapter VIII
International Registration of Trade Marks
Section 37. Application of this Law
with respect to International Registration of Trade Marks
(1) The provisions of this Law, especially, the provisions of
Chapters II and III; Chapter IV, Sections 13, 18, 19, 22,
22.1, 22.2 and 22.3; Chapters V,
VI and VII, shall also apply, mutatis mutandis, to the
international registration of trade marks and to internationally
registered trade marks, insofar as the rules on the international
registration of trade marks or the provisions of this Chapter do
not provide otherwise.
(2) [21 October 2004]
(3) Fees shall be paid for applying for the international
registration of a trade mark, for the registration and for other
actions related to international registration, in the amounts
specified and in accordance with the prescribed procedures set
out in the rules on the international registration of trade marks
and the laws and other laws and regulations of Latvia.
[21 October 2004; 14 October
2010]
Section 38. Actions of the Patent
Office in Connection with Applications for International
Registration (Registrations)
(1) Through the intermediary of the Patent Office,
applications for the international registration shall be made and
the registration shall be effected of such trade marks, as to
which the state of origin, within the meaning of the rules on
international registration, is Latvia, as well as subsequent
territorial extension of such international registrations.
(2) Also through the intermediary of the Patent Office changes
in the international registration may be made, international
registration may be renewed (re-registered for a new period of
validity), or registration may be cancelled (surrendered) on the
initiative of the owner, if the state of the owner of the trade
mark, within the meaning of the rules on the international
registration of trade marks, is Latvia.
Section 39. Validity of an
International Registration in Latvia
(1) An international registration of a trade mark that has, in
accordance with the prescribed procedures, entered into effect in
Latvia, shall have the same effect as trade marks that have been
entered into the Register in accordance with the procedures laid
down in this Law (registered with the Patent Office in accordance
with national procedures).
(2) An international registration of a trade mark shall be
deemed not to have entered into effect at all or insofar as the
trade mark in question has been refused protection in accordance
with the prescribed procedures in Latvia.
(3) The priority of an internationally registered trade mark
in Latvia shall be determined by the date when the mark was
internationally registered with respect to Latvia, but in cases
where the mark, in accordance with the international procedure of
registration, has been granted right of priority from its earlier
filing date, by such earlier filing date. If the international
registration of a trade mark has been extended to Latvia
subsequent to the date of its international registration, the
priority shall be determined by the date on which it was extended
to Latvia. If an international registration has entered into
effect in Latvia and replaces, upon request of the owner and in
accordance with the rules on the international registration of
trade marks, an earlier registration of the same trade mark
effected at the Patent Office, the filing date and the priority
date of that earlier registration, effected according to the
national procedure, shall be attributed to the internationally
registered trade mark in determining its priority.
(4) The Patent Office shall examine internationally registered
trade marks to ascertain their compliance with the requirements
of Sections 6 and 8 of this Law. In the case of registration of a
collective mark it shall also be ascertained whether the by-laws
on the use of the collective mark have been included in the
registration, in compliance with the provisions of Section 35,
Paragraph four of this Law.
(5) Opposition to the entry into effect of an international
registration of a trade mark in Latvia, as provided for in
Section 18 of this Law, shall be filed within four months from
the date of publication of a notice of trade mark registration
with respect to Latvia (territorial extension to Latvia) in the
official gazette of international registration of trade
marks.
(6) If, as a result of an examination, it is determined that
an international trade mark does not comply with the requirements
of Paragraph four of this Section, or if an opposition has been
filed to such registration, the Patent Office shall, within the
terms and in accordance with the procedures laid down in the
rules on the international registration of trade marks, notify
the International Bureau of the refusal of the particular
international registration (initial refusal). Within three months
from the date of receipt of such a refusal, the owner of the
international registration is entitled to submit an appeal (a
reply to the opposition) as provided for in Section
17.1, Paragraph one of this Law.
(7) The progress of an appeal (reply to an opposition) in the
Patent Office shall be carried out in accordance with the
provisions of Section 17.1, Paragraphs two, three,
four, five and six of this Law. The Board of Appeals shall
examine the appeals and oppositions submitted in connection with
internationally registered trade marks, insofar as the rules on
the international registration of trade marks do not have
differing provisions, in accordance with the provisions of
Sections 18 and 19 of this Law and, in the case of collective
marks, also taking into account the provisions of Section 36,
Paragraph one.
(8) The Patent Office shall, in accordance with the prescribed
procedures, notify the International Bureau of all the decisions
of the Board of Appeals and court judgments which have entered
into effect, according to which international registration of a
trade mark in Latvia has been invalidated or revoked, in full or
in part, or according to which the initial refusal of
international registration has been cancelled (changed).
[21 October 2004]
Chapter VIII.1
Community Trade Mark
[21 October 2004]
Section 39.1 Activities
of the Patent Office in Connection with the Registration
Procedure of the Community Trade Mark
(1) The functions of the central industrial property office of
a European Union Member State, prescribed by Council Regulation
No 207/2009, shall be executed in Latvia by the Patent Office.
Registration of the Community trade mark may be applied for
through the intermediary of the Patent Office.
(2) The Patent Office shall perform the verification of the
authenticity of the decision of the Office for Harmonisation in
the Internal Market (trade marks and designs) provided for in
Article 86(2) of Council Regulation No 207/2009 for the
enforcement thereof in Latvia.
[14 October 2010]
Section 39.2 Legal Effect
of the Community Trade Mark Registration in Latvia
(1) Exclusive rights to a trade mark in Latvia shall also be
ensured by the Community trade mark registration. The scope of
protection of the Community trade mark shall be determined by
Council Regulation No 207/2009.
(2) If seniority (special type of priority) is granted to a
Community trade mark in accordance with Article 34 or 35 of
Council Regulation No 207/2009, based on the respective earlier
trade mark, registered in Latvia or registered internationally
and extended to Latvia, then the filing date and priority date of
the trade mark registered in Latvia or the priority of the
respective trade mark registered internationally (Section 39,
Paragraph three) shall be applied to such Community trade mark,
determining the priority thereof in Latvia. The seniority granted
to the Community trade mark shall be retained if the registration
of the respective trade mark of Latvia or the international
registration of the trade mark, which is extended to Latvia is
cancelled on the initiative of the owner of the trade mark
(surrender of registration) or in connection with the expiry of
the term of validity thereof (exclusion from the Register).
(3) Registration of a trade mark which has been the basis for
the seniority of the Community trade mark, may be invalidated or
revoked even following the expiry of the term of validity of this
registration or if the registration is cancelled on the
initiative of the owner of the trade mark, on condition that the
respective grounds for invalidation of the registration of the
trade mark or the revocation were present during the validity of
the registration.
[14 October 2010]
Section 39.3 Additional
Provisions for the Protection of the Community Trade Mark
(1) An opposition to the registration of a trade mark (Section
18) and the claim for invalidation of the registration of a trade
mark (Section 31) apart from the earlier rights provided for in
Sections 7, 8 and 9 of this Law may also be justified with an
earlier identical or similar Community trade mark, which has a
good reputation in the European Community and which is registered
for goods or services which are not similar to those goods and
services, which have a trade mark registered later (contested),
but on condition that the use of the later trade mark without due
cause takes unfair advantage of, or is detrimental to the
distinctive character or the reputation of the Community trade
mark or that such use of the later trade mark may be seen by
consumers as a sign of connection between these goods and
services and the owner of the referred to Community trade mark
and such use may be detrimental to the interests of the owner of
the Community trade mark. Such opposition and such claim may be
submitted by the owner of the Community trade mark (or his or her
successor in title) or his or her representative.
(2) In case of the illegal use of the Community Trade mark,
the provisions of Sections 27 and 28 of this Law, the Civil
Procedure Law and the provisions of other laws and regulations
shall be applicable, unless otherwise laid down in Council
Regulation No 207/2009.
(3) If, based on the rights arising from the registration of
the Community trade mark, the registration of a later trade mark
is contested, which is performed observing the procedures for
registering trade marks laid down in this Law, or in accordance
with the rules on the international registration and is extended
to Latvia, or if the use of such later trade mark is contested,
the provisions of Section 29 of this Law regarding the
restrictions of rights as a result of acquiescence shall be
observed.
[14 October 2010]
Section 39.4 Additional
Provisions for the Use of the Community Trade Mark
(1) If, based on an earlier Community trade mark, an
opposition is submitted against the registration of a trade mark
(Section 18) and the owner of the contested trade mark uses the
rights to request evidence of the use of the earlier trade mark
(Section 19, Paragraph seven), the provisions of Article 15 of
Council Regulation No 207/2009 shall be observed.
(2) According to the provisions of Article 165 5) and Article
110(1) of Council Regulation No 207/2009, the owner of the
earlier rights obtained in good faith in Latvia may prohibit the
use of the Community trade mark which has been registered or
submitted for registration prior to 1 May 2004.
(3) If the Community trade mark is involved in a process of
the legal protection of a commercial company or the process of
insolvency in Latvia, in accordance with the provisions of
Article 21 of Council Regulation No 207/2009, the necessary
entries to be made by the Office for Harmonisation in the
Internal Market (trade marks and designs) in the Community Trade
Mark Register or, if the Community trade mark has not yet been
registered, in the application materials, may be requested on the
basis of a court decision.
[14 October 2010]
Section 39.5 The
Conversion of a Community Trade Mark into a Trade Mark
Application in Latvia
(1) If a request for the conversion of the Community trade
mark registration, or the application thereof, into a trade mark
application in Latvia (request for a conversion) is sent to the
Patent Office in accordance with the provisions of Article 113(3)
of Council Regulation No 207/2009 from the Office for
Harmonisation in the Internal Market (trade marks and designs),
the Patent Office shall without delay request that the applicant
fulfils the activities specified by Article 114(3) of Council
Regulation No 207/2009 within three months, and pays the fee
specified in Section 10, Paragraph nine of this Law.
(2) If the applicant does not pay the fee specified within the
period specified (additional fee), the request for conversion
shall be considered as not being submitted and the applicant
shall be notified thereof in writing.
(3) Upon commencement of the examination of the request for
conversion, the Patent Office shall first inspect whether there
are any obstacles to conversion, provided for in Article 112(2)
of Council Regulation No 207/2009. Pursuant to Article 114(1) of
Council Regulation No 207/2009, the Patent Office may request
necessary additional information from the Office for
Harmonisation in the Internal Market (trade marks and designs) on
circumstances regarding the abovementioned obstacles for the
implementation of conversion. If, in accordance with the
provisions of Article 112(2) of Council Regulation No 207/2009
conversion is not permissible, the request for conversion shall
be rejected and the applicant notified thereof in writing.
(4) If there are no obstacles to the implementation of
conversion, referred to in Article 112(2) of Council Regulation
No 207/2009, the request for conversion shall be considered as an
application for the registration of the trade mark in Latvia. The
procedures provided for in this Law for the preliminary
examination of an application and the expert-examination of a
trade mark shall be applicable to the examination of such
application, as well as other provisions for the procedures for
registering a trade mark, taking into account the requirement of
Article 114(2) of Council Regulation No 207/2009.
(5) An application for the registration of a trade mark, at
the basis of which is a request for conversion, shall retain the
filing date and priority date (if a priority date has been
granted) determined for the respective Community trade mark (for
an application for a Community trade mark), as well as the date
of seniority, if seniority has been granted in respect of
Latvia.
[14 October 2010]
Chapter IX
Indications of Geographical Origin
Section 40. General Provisions on
Indications of Geographical Origin
(1) Indications of geographical origin, in accordance with the
provisions of this Chapter, shall be protected without their
registration.
(2) In accordance with the provisions of international
agreements binding on Latvia, special protective measures
pertaining to specific types of indications of geographical
origin or a list of specific indications of geographical origin
may be prescribed. The Cabinet shall determine the procedures for
the protection and registration with regard to the indications of
geographical origin for agricultural and food products or the
list thereof.
(3) Geographic names and signs or indications of a
geographical nature that are not perceived by consumers and trade
circles to be in connection with the specific origin of the goods
or services, shall not be considered to be indications of
geographical origin within the meaning of this Law, and shall not
be protected; including designations, that although they comply
with the definition of indications of geographical origin, have
lost their original meaning in the territory of Latvia and have
become generic names for types of goods or services.
[8 November 2001]
Section 41. Scope of Legal
Protection of Indications of Geographical Origin
(1) False indications of geographical origin or any other such
geographical names or designations of geographical nature or
similar signs may not be used in commercial activities, if their
use may mislead consumers as to the geographical origin of the
goods or services.
(2) If goods or services, that are usually marked by an
indication of geographical origin, in the perception of consumers
and trade circles possess a special quality or special
characteristics, the use of such indications of geographical
origin in commercial activities shall be permitted only in
connection with goods or services of the said origin and which
have such qualities or characteristics.
(3) If an indication of geographical origin is well-known and
enjoys a special reputation among consumers or in the affected
trade circles, the use of such an indication of geographical
origin, or a similar sign, in commercial activities for goods or
services of a different origin shall not be permitted even in the
absence of risk of misleading consumers as to geographical origin
of the goods or services, if such use is likely to take unfair
advantage of, or be detrimental to, the reputation or the
distinctive character of the indication of geographical
origin.
(4) In connection with agricultural and food products it is
prohibited to use indications and designations which are
contradictory to the laws and regulations governing the
protection of geographical indications and designations of origin
for agricultural and food products.
[8 February 2007]
Section 42. Criteria for Determining
the Origin of Goods and Services
(1) For the purposes of the provisions of this Chapter:
1) the origin of goods shall be determined by the place of
manufacture, or by the origin of the basic raw materials, or of
the main components of these goods; and
2) the origin of services shall be determined by the location,
as registered in the Enterprise Registry, of the entity providing
the services, or by the nationality or permanent place of
residence of natural persons exercising actual control over the
commercial activities, or the management of the undertaking.
(2) The criteria for evaluation shall be specified separately
for each case depending on their influence on the reputation of
the respective goods or services; taking into account such
reputation and the perception of consumers, indications of
geographical origin of a local and regional nature may be
considered genuine, if they, with respect to the origin of goods
or services, are evaluated as genuine with respect to a larger
region or the state as a whole.
Section 43. Enforcement of Legal
Protection of Indications of Geographical Origin
(1) Use of signs, in commercial activities, contrary to the
provisions of Section 41 of this Law shall be deemed a
manifestation of unfair competition, and shall be subject to
sanctions provided for in the laws and regulations regarding
unfair competition, and other laws and regulations.
(2) An action to enjoin the unlawful use of an indication of
geographical origin may be brought in the Vidzeme Suburb Court of
Rīga City by any interested persons, including professional
associations, and associations of manufacturers, traders or
providers of services, whose articles of association provide for
the protection of the economic interests of their associates
(members), as well as by organisations and authorities whose
purpose, under their articles of association, is the protection
of the rights of consumers.
(3) The court may impose the same legal defences in matters
regarding the suspension of the unlawful use of indications of
geographical origin, as those provided for in cases of the
unlawful use of trade marks.
[8 February 2007; 11 December
2014]
Transitional Provisions
1. With the coming into force of this Law, the Law On Trade
Marks (Latvijas Republikas Augstākās Padomes un Ministru
Padomes Ziņotājs, 1993, No.12/13) is repealed.
2. With respect to trade marks, the registration of which has
been applied for at the Patent Office or the international
registration of which has been extended to Latvia before entry
into force of this Law, such trade mark registration procedures
and such prerequisites for trade mark registration shall apply as
were in effect on the day on which the application for
registration of the trade mark was filed or from which the
international trade mark registration has been extended to
Latvia.
3. The grounds for invalidation of a trade mark registration
referred to in Section 6, Paragraph two, and Section 9, Paragraph
four, of this Law shall apply to any trade mark regardless of
when the application for trade mark registration was filed or
when the international trade mark registration became extended to
Latvia.
4. Until 1 May 2002, the Cabinet shall prescribe the
procedures for the protection and registration in connection with
the geographical indications for agricultural and food products
or the list thereof.
[8 November 2001]
5. Until 15 December 2004 the Cabinet shall approve the model
application form for the registration of a trade mark and the
other model forms necessary for the procedure of registration of
a trade mark.
[21 October 2004]
6. If the Community trade mark has been registered or
submitted for registration before 1 May 2004, the priority
thereof in Latvia shall be determined as of 1 May 2004.
[21 October 2004]
7. If the Community trade mark has been registered before 1
May 2004, the five year period referred to in Section 29,
Paragraph one of this Law shall be counted from 1 May 2004.
[21 October 2004]
8. If the opposition provided for in Section 39.4,
Paragraph one of this Law is justified with an earlier Community
trade mark which has been registered before 1 May 2004, the five
year period referred to in the first subparagraph of Article
15(1) of Council Regulation No 207/2009 shall be counted from 1
May 2004.
[21 October 2004; 14 October
2010]
9. If a request for conversion is at the basis of the
application for registration of a trade mark in accordance with
Section 39.5, Paragraph four of this Law, but the
respective Community trade mark has been registered or filed for
registration before 1 May 2004, the date of such application in
Latvia shall be deemed to be 1 May 2004 and the priority granted
to the Community trade mark shall not be taken into account.
[21 October 2004]
10. Until 31 January 2011 the Cabinet shall issue regulations
regarding the amount of the State fee for the continued
processing referred to in Section 22.1 of this Law and
the reinstatement of rights referred to in Section
22.2 of this Law.
[14 October 2010]
11. Amendments to Section 25.1, Paragraph two of
this Law regarding pledging a trade mark registered, in
accordance with the procedures of national procedure, with the
Patent Office according to the provisions of the Commercial
Pledge Law, regarding making a commercial pledge note in the
Register on the basis of a notification of the holder of the
register of commercial pledges, as well as notifying information
regarding the note made to the owner of the trade mark and
publishing thereof in the official gazette of the Patent Office
shall come into force on 1 January 2015.
[3 July 2014]
Informative Reference to European
Union Directives
[8 February 2007; 14 October
2010]
This Law contains legal norms arising from:
1) Directive 2008/95/EC of the European Parliament and of the
Council of 22 October 2008 to approximate the laws of the Member
States relating to trade marks (Codified version) (Text with EEA
relevance);
2) Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual
property rights.
[21 October 2004; 8 February 2007;
14 October 2010]
This Law has been adopted by the Saeima on 16 June 1999.
President G.Ulmanis
Rīga, 1 July 1999
1 The Parliament of the Republic of
Latvia
Translation © 2015 Valsts valodas centrs (State
Language Centre)