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Trademark Renewal
In Latvia in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
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If your trademark application is rejected, our Attorneys will inform you and advise you on the best course of action.
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

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If I register my trademark in Latvia, do I have protection in other territories?

No. The mark will be protected only in Latvia.

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Do I need to sign a Power of Attorney?

Yes. Applicants are required to submit a power of attorney.

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Are there any benefits from a pre-filing use of the trademark?

Yes. There are benefits from pre-filing use of a trademark: 

  • Show distinctiveness of the mark
  • Defeat oppositions on the ground of non-distinctiveness
  • It makes it possible to petition for the invalidity of a subsequent registered mark (consult us for more information)
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Will there be problems in case I don’t use my trademark after registration?

Non-use of a registered mark can result to the revocation of ownership rights through a court judgement.

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What are the types of trademark that can be registered in Latvia?

Any mark or sign that can be recreated graphically and can differentiate a good/service from its counterparts are registrable. 

  • Names
  • Slogans
  • Colors
  • Words
  • Sounds
  • Holograms
  • Devices (drawing, picture, graphic symbol)
  • Trade dresses
  • Three-dimensional shapes
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What are the phases of application after a trademark has been filed in Latvia?

The phases of trademark application in Latvia are: 

  1. Examination – The application will be examined by the trademark authorities in terms of:
    • Formalities
    • Classification
    • Clarity
    • Descriptiveness
    • Distinctiveness
    • Deceptiveness
    • Absolute grounds of registrability
  2. Registration – If the application passes the examination phases, the trademark office will grant the registration. At this point, conflict with other applications or registrations has not been checked yet.
  3. Publication – Third parties will be given a chance to oppose to the registration. These specifics will be made accessible to the public through print and online publication.
    • Mark
    • Applicant’s name
    • Applicant’s address
    • Applicant’s country of incorporation
    • Number of application
    • Date of application
    • Goods/services
    • Information on priority claim
    • Trademark representation
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What type of trademark is non-registrable?

The trademark law of Latvia prohibits the registration of the following marks: 

  • Generic words
  • Marks that lack acquired distinctiveness
  • Functional marks
  • Deceptive/disparaging/misleading marks
  • Marks that contradict the principles of morality and signs that oppose public order
  • Marks that include flags/names/symbols of international organizations/states/regions/nations
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Does Latvia use the "Nice Classification" system?

Yes. Nice Classification takes effect in Latvia. For trademarks that will be covering several classes of goods/services, one application suffices.

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Does the Community Trademark apply for Latvia?

Yes. Latvia is a European Union member; hence, Community Trademark registration (new name: European Union Trade Mark) is effective in this jurisdiction.

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Is there any possibility to claim priority in Latvia?

Yes. The filing date in the applicant’s home country can be used as the filing date in Latvia if: 

  • The home country is a party to the Paris Convention
  • The filing date in home country does not exceed 6 months from the filing date in Latvia
  • The international registration can be based in Latvia
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What do I need to do to satisfy the use requirement?

The mark must be used within 5 years from the date of registration. The amount of use is measured on a commercial basis and must occur in this jurisdiction.

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Once my trademark has been registered, for how many years will be valid?

The mark is valid for 10 years starting from the date of filing the application.

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What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date the application was filed.

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Is it legal to use my trademark even if it is not yet registered?

Yes. Use of an unregistered mark for selling goods and/or services is legally allowed in this jurisdiction.

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Does having a registered trademark in Latvia afford me any right?

It is not necessary to register a trademark in order to obtain rights. The first party to use the mark secures the right to a trademark.

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What is the web address of the trademark national office?

The Latvia trademark office is available online at this URL: https://www.lrpv.lv/

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Is there any need to use my trademark before I apply for registration?

No. There is no need to use the mark before filing the application.

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What are the grounds for a Trademark Application to be opposed?

Third parties can use these grounds to oppose a trademark application: 

  • Rights in industrial properties
  • Rights in a name of company
  • Rights in a (famous) personal name
  • Rights in a registered design
  • Rights in a trade name
  • Rights in a notorious mark
  • Proprietary rights
  • Breach of copyright
  • Registration of mark under a different name like agent’s or representative’s name
  • Descriptive mark
  • Misleading/deceptive/disparaging mark
  • Unauthorized use of protected state emblems or national insignia
  • Unregistered domain name
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Who can contest my trademark registration?

Interested parties or owners of an earlier right can initiate an opposition to the registration of a trademark.

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Is it possible to cancel a registration?

Yes. A registered mark can be cancelled on these grounds: 

  • Use requirements are not satisfied according to Section VIII.A.
  • Rights in an industrial property
  • Mark is against moral principles or against public policy
  • Use of geographical indication
  • Mark is generic/common
  • Use of a well-known personal name, pseudonym, facsimile or portrait of a person
  • Rights in registered designs
  • Rights in trade names
  • Registration under a representative’s name like an agent’s name
  • Rights in a famous or notorious mark
  • Breach of copyright
  • Mark is functional
  • Mark lacks distinctiveness
  • Mark is misleading the consumers or disparaging to image of other parties
  • Mark is descriptive of the good’s characteristics or intended purpose
  • Proprietary rights
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Are there any rights established by having a registered trademark?

The following rights are obtained by the trademark owner after registration: 

  • Exclusive right to use the mark
  • Right to object to later conflicting applications
  • Right to request for an action to cancel later conflicting registrations
  • Right to sue third parties for infringing the mark
  • Right to demand payment from third parties that infringed the mark
  • Right to authorize third parties to use the mark
  • Right to request for the confiscation of counterfeit imported goods
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How long is the opposition period?

The opposition will start on the date the trademark registration was published. For national registration, it will end three months after the publication date. For international registration, it will end four months after the publication date.

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Is Latvia a member of the Madrid System?

Yes. Latvia is a party to the Madrid Agreement and the Madrid Protocol.

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Do I need to present periodic statement of use?

No. Periodic statements of use are not needed.

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When should I renew my trademark?

The mark must be renewed every 10th year anniversary.

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What will be the renewal date of my trademark?

The first renewal date is computed 10 years from the date the application was filed.

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Is there any documentation that should be presented when renewing a trademark?

Yes. To renew a trademark, the owner must provide a: 

  • Proof of renewal fee payment
  • Power of attorney
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If my trademark expires, do I have a grace period?

A 6-month grace period is available for late renewals.

Basic Questions
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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