Jan 14, 2021 (Newsletter Issue 1/21)
Fast Track for Trademarks
On December 10, 2020, the Patent Office of the Republic of Latvia, with support of the EUIPO’s European Cooperation Projects, launched a fast track function for new trademark applications in both its front and back office systems. Users will now be able to benefit from this service via the office’s web page. A fast track smart guide is built into the front office system to assist users to meet the criteria when filing for fast track applications.
Source: www.euipo.europa.eu
Apr 30, 2020 (Newsletter Issue 6/20)
E-filing and Back Office System Enhanced
On March 2, 2020, the Patent Office of the Republic of Latvia (Patentu valde) has enhanced its e-filing portal and back office system, allowing applicants to register various new types of trademarks, in accordance with the EU Trade Mark Directive.
There are now 11 types of trademarks that can be registered in the Latvian IP office, including non-traditional trademarks, such as holograms and multimedia marks.
Source: www.euipo.europa.eu
Apr 02, 2020 (Newsletter Issue 5/20)Trademark Law ChangedThe Latvian Parliament adopted the new Trademark Law which replaced the existing Law on Trademarks and Geographical Indications on March 6, 2020. The new law contains revisions whose aim is to transfer the provisions of EU Trade Mark Directive 2015/2436.
Important changes are the following:
- No requirement of graphic mark representation.
- New trademark types such as multimedia, holographic and position marks
- Registration of a certification mark will be possible
- Proprietors of earlier rights will be entitled to prohibit use of identical or confusingly similar marks by other persons, whether in the course of trade or business.
- Trademark owners may be association of persons, natural persons and legal entities.
- Rightsholders will have exclusive rights to goods that are not released for free circulation.
- The new law in respect of trademarks will provide exclusive property rights, which allow trademarks to be expropriated, mortgaged or otherwise privately traded or enforced.
- The period for filing a reply to opposition in case of a contested international mark will be reduced from 3 to 2 months.
- Revocation and cancellation actions will be carried out by the Industrial Property Board of Appeal instead of the court.
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights will be reflected more thoroughly.
- Regulations on geographical indications will remain as a part of the Latvian Trademark Law.
- Clearer regulation on the right to prevent others from using a trademark in domain names.
For more information, please click hereSource: www.petpat.lv Feb 17, 2016 (Newsletter Issue 3/16)Changes in Applicable Laws and FeesThe Parliament of the Republic of Latvia adopted a new law on the Industrial Property Institutions and Procedures that entered into force on January 1, 2016.
The most significant changes affect the functioning of the Board of Appeals and procedures before this institution. Starting from January 1, 2016, the Board of Appeals is renamed to the Industrial Property Board of Appeals. Its members will be appointed by the Cabinet of Ministers and will be full time employees of this dispute settlement body, rather than employees of the Patent Office of the Republic of Latvia (LPO), as it was before.
A significant change is also introduced to the applicable procedural law by replacing the administrative procedure with the civil one. The party which is not satisfied with the decision of this body is entitled to appeal the decision to the Riga Vidzeme District Court.
Further, civil insurance is now mandatory for all patent attorneys that operate in the Republic of Latvia. Also, the Association of Patent Attorneys of Latvia will develop a Code of Ethics that will be legally binding for all patent attorneys operating in the Republic of Latvia.
Another major change affects the LPO itself. Starting from January 1, 2016, the LPO is no longer a state funded budget institution, but a self-financed state institution. This change will ensure that the LPO will be able to invest more resources into development of the industrial property system in the Republic of Latvia, including more e-services, development of the patent database, various awareness raising activities, and other initiatives that will benefit the existing and potential users.
The Latvian PTO has also changed its fees. A full list of official fees is available here (in Latvian only). For more information on the changes and for a list of renewal and other relevant fees, please click here.
Source: www.lrpv.gov.lv Dec 08, 2015 (Newsletter Issue 19/15)
Changes on Law on IP Institutions and Procedures in Effect Soon
The new Law on Industrial Property Institutions and Procedures which was passed on July 2, 2015 will take effect on January 1, 2016.
Unified procedures for all industrial property objects have been introduced and a quicker and more effective dispute resolution process has been created. Further, the law is expected to improve the protection of the industrial property objects. It will also pave the way to a new body – the Board of Appeals (BoA) for Industrial Property.
There are several changes in relation to professional representatives in the new law. One is the abolition of the requirement to issue a power of attorney to professional representatives. In addition, professional representatives will be required to insure their professional activity.
Source: METIDA, Latvia and Eversheds, Latvia
Sep 15, 2015 (Newsletter Issue 14/15)Law on IP Institutions and Procedures AmendedLativia passed a new Law on Industrial Property Institutions and Procedures on July 2, 2015.
Unified procedures for all industrial property objects have been introduced and a quicker and more effective dispute resolution process has been created. The law is expected to improve the protection of the industrial property objects. It will also pave the way to a new body – the Board of Appeals (BoA) for Industrial Property.
The most important changes concern opposition and appeal procedures before the Board of Appeals, namely:
1) Written process is stated as mandatory, but oral proceeding will be also possible on following conditions:
- Board of Appeals required
- Upon request of one of parties and
- Additional fee for oral proceeding should be paid (amount is not provided yet).
2) Motivated reply to oppositions should be filed within 2 months instead of current 3 months time period.
3) All decisions of BoA could be appealed in accordance with Civil procedure provisions before the Riga Court of Vidzeme district within 3 months (amount is not provided yet).
The Law on Industrial Property Institutions and Procedures will take effect on January 1, 2016.
For further information, please see the article of Ms Jevgenija Gainutdinova from METIDA here
Source: METIDA, Latvia Jul 14, 2015 (Newsletter Issue 11/15)
Range of E-services Expanded
On June 8, 2015, the Latvian Patent Office made available new electronic services on its official website. Before e-services were only available in respect of trademark and design filing.
Now the following actions can be also made online:
- Trademark and design registration renewal;
- Trademark and design owner change of name/address;
- Trademark and design registration cancellation according to a holder's own initiative.
Electronic services were developed by the Office for Harmonization in the Internal Market (Trade Marks and Designs) in view of existing cooperation project.
Source: Mikhailyuk, Sorokolat & Partners, Ukraine
Oct 14, 2014 (Newsletter Issue 15/14)E-Filing Now AvailableThe Latvian Patent Office has launched the Trademark online filing system on the official web site of the Patent Office as of 29 September 2014, which provides the opportunity of submitting trademark application 24 hours per day. The online trademark submission is available at the following link http://www.lrpv.gov.lv/lv/precu-zimes/e-pakalpojumi and requires prior authorization at the portal https://www.latvija.lv
State fee for the trademark filing can also be paid online when filing the application or at a later point of time.
Source: Mikhailyuk, Sorokolat & Partners, Ukraine Dec 03, 2013 (Newsletter Issue 17/13)
Adoption of Euro
On January 1, 2014 Latvia is going to adopt Euro, replacing the currency Lats. Laws and regulations governing payments in the field of industrial property have been amended accordingly:
- Regulation of the Cabinet of Ministers No. 824 "On the fee for the legal protection", amended on September 24, 2013;
- Regulation of the Cabinet of Ministers No.472 "On the fee for the legal protection of designs", amended on September 24, 2013;
Regulation of the Cabinet of Ministers No.966 "On the fee for the legal protection of trademarks", amended on September 24, 2013;
Currently both Lats and Euro are indicated in parallel on the website of the Patent Office.
Source: Mikhailyuk, Sorokolat & Partners, Ukraine
Feb 01, 2011 (Newsletter Issue 2/11)Official Fees for Filing an Action IncreasedThe Latvian Parliament has adopted amendments to the Civil Procedure Law according to which the official fees for filing an action in IP infringement and protection matters have been increased three times:
- filing an action: LS 150 (EUR 213)
- filing an appeal against the judgment of the first court instance: LS 150 (EUR 213)
- lodging a cassation complaint: LS 200 (EUR 285).
50 percent of the state fee for filing an action will be refunded, if adopting a decision the court has confirmed a settlement between the parties.
Source: PETERSONA PATENTS Patent and IP Law Bureau, Riga, Latvia Dec 10, 2010 (Newsletter Issue 17/10)Trademark Law AmendedThe Latvian Parliament has adopted amendments to the Law on Trademarks and Indications of Geographical Origin on October 14th, 2010. The law entered into force on November 17th, 2010.
The major amendments to the law relate to extension of the set time limits and restoration of the missed terms.
The amendments introduced further processing and reinstatement of trights, as well as specified which terms can be extended.
For further information on amendments please click hereSource: www.foral.lv Legal basis is the “Trademark Law”, in force since March 6, 2020 as well as the “Law On Industrial Property Institutions and Procedures” in force since January 1, 2016.
Latvia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition (non-registered trademark rights).
Nice Classification, 12th edition
Registrable as a trademark are all distinctive and representable signs, such as words, names, acronyms, letters, numbers, devices, sounds, colours or colour combinations, three-dimensional forms, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs as well as holograms, movement marks and position marks.
Colour per se are registrable if acquired distinctive character is proved.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Patent Office in paper form or electronically.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney for representation before the Patent Office and IP Board of Appeal is not required if services are provided by a registered professional Latvian patent attorney. However, in case of doubts as to the scope of authorisation the Patent Office may request to provide a non-legalised power of attorney.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, classification check, an examination on absolute grounds and an examination for collision with famous trademarks. There is no search for prior trademarks as a part of trademark examination.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to the registration is approx. 3-6 months.
After successful examination the trademark is registered and published in the official Gazette and opened for public inspection (oppositions) at the Patent Office for 3 months.
National:The opposition period is 3 months from publication date of trademark registration (post-grant procedure).
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is EUR 90.00 for one class and EUR 30.00 for each additional class. The fee for registration, publication and issuance of the registration certificate is EUR 95.00. 10 % discount is applied for trademark filing fee if an application is filed electronically.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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Jun 30, 2023
Petersona Patents, Patent & IP Law Office, Riga, Latvia