The current trademark regulations in the Republic of Latvia are mainly based on the Trademark Law that came into effect on March 6, 2020, and the Industrial Property System and Procedure Law that came into effect on January 1, 2016. The Patent Office of the Republic of Latvia is responsible for managing intellectual property affairs, and the official language is Latvian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in the Republic of Latvia adopts the principle of "application first", but for well-known trademarks, trademark rights can also be claimed through "prior use".
The Republic of Latvia is a signatory to international intellectual property treaties such as the Paris Convention, the Nice Agreement, the Trademark Law Treaty, the Convention Establishing the World Intellectual Property Organization, and the Singapore Treaty. It is a member of the European Union and a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid international registration".
At present, the Patent Office of the Republic of Latvia adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in the Republic of Latvia include: text, letters, numbers, graphics, three-dimensional logos, color combinations, sound, etc.
If the applicant is not a citizen of the Republic of Latvia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding Latvian translations must be provided.
The main process for applying for registration of a trademark in the Republic of Latvia is: application acceptance examination approval issuance announcement. The application will be accepted 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. After passing the review, registration can be granted and a registration certificate can be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After obtaining the certificate, an announcement will be arranged, and a 3-month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. The trademark lacks distinctiveness;
2. The trademark only directly represents the quality, main raw materials, function, purpose, quantity, weight, value, place of origin, production date, and other characteristics of the goods;
3. Trademarks have only the shape generated by the nature of the goods themselves, only the shape required to obtain technical effects, and only the shape that gives the goods substantial value;
4. Trademarks are contrary to social moral norms;
5. The trademark is deceptive;
6. The trademark contains the flags, emblems, official marks, inspection marks, flags, emblems of intergovernmental international organizations of member states of the Paris Convention (unauthorized).
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully.
In a smooth situation, trademark registration in the Republic of Latvia takes about 6-8 months; If there are any objections or rejections encountered during the process, the time will be extended.
The trademark registration in the Republic of Latvia is valid for 10 years, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Trademark Law of the Republic of Latvia:
Article 30: (1) The trademark owner voluntarily applies for revocation;
Article 32: (1) Not to use revocation for 5 consecutive years;
Article 32: (3) The trademark shall become a common name in the relevant industry;
Article 32: (4) Trademarks mislead the public in terms of product quality and origin;
Article 33: (1) If the trademark expires without renewal.