Trademarks Law in Latvia

Here’s a detailed overview of Trademark Law in Latvia:

🇱🇻 Trademark Law in Latvia

Latvia’s trademark law is governed by:

The Latvian Trademark Law (2018, latest amendments)

It also follows regulations of the European Union Trademark (EUTM) system, since Latvia is an EU member.

The law complies with international treaties like the Paris Convention, Madrid Protocol, and TRIPS Agreement.

Key Points:

1. Definition of a Trademark

A trademark is any sign capable of distinguishing goods or services of one enterprise from another. This can include:

Words, names, letters, numerals

Logos, symbols, shapes, colors

Sounds, holograms, and other distinctive signs

2. Trademark Registration Authority

National trademarks are registered with the State Patent Office of the Republic of Latvia (SPORA).

EU trademarks covering Latvia are registered with the European Union Intellectual Property Office (EUIPO).

3. Registration Process

Application is filed at SPORA or EUIPO.

Must specify the goods/services under the Nice Classification.

Formal examination and substantive examination to check distinctiveness and compliance.

Publication of the application for opposition within 3 months.

If no opposition or successful defense of opposition, registration is granted.

Registration is valid for 10 years from filing date and can be renewed indefinitely in 10-year periods.

4. Grounds for Refusal

Lack of distinctiveness.

Marks that are generic, descriptive, or misleading.

Identical or confusingly similar to earlier registered marks.

Contrary to public order or morality.

Well-known marks enjoy special protection even if not registered.

5. Rights Conferred

Exclusive right to use the trademark on registered goods/services.

Right to prevent unauthorized use or infringement.

Right to license or assign the trademark.

6. Opposition and Cancellation

Third parties can file oppositions against applications within 3 months of publication.

Registered trademarks can be cancelled for non-use (if unused for 5 years) or if invalid for other reasons.

7. Infringement and Enforcement

Trademark infringement is unlawful use causing confusion.

Enforcement through civil courts, with remedies including injunctions, damages, and destruction of infringing goods.

Customs enforcement against counterfeit goods.

8. International Treaties

Latvia is party to:

Paris Convention

Madrid Protocol (international registration via WIPO)

EU trademark regulations through EUIPO

Additional Notes:

Because Latvia is an EU member, businesses often prefer to register an EU trademark (EUTM) for broader protection across all EU countries including Latvia.

National trademark registration is quicker and cheaper for protection limited to Latvia only.

 

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