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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:
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Examination – The application will be examined by the trademark authorities in terms of:
- Formalities
- Classification
- Clarity
- Descriptiveness
- Distinctiveness
- Deceptiveness
- Absolute grounds of registrability
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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.
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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.