TRADEMARK IN LATVIA

Mikhailyuk, Sorokolat & partners offers the full range of legal services related to trademarks in Latvia including trademark search, trademark registration, trademark renewal, recordal of assignment and license agreements, recordal of changes to applications and registrations, as well as representing clients in courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Requirements for trademark registration

According to the legislation of Latvia, a registered trademark may be declared invalid in case it is identical to or similar with an earlier mark of another person, and the goods and/or services for which the mark is registered are identical to or similar with the goods and/or services of the earlier mark.

In order to determine whether there are any similar or identical registered trademarks or filed trademark applications, it is possible to order a professional trademark search.

Information and documents needed for filing

Name and address of the applicant;
Prints of the trademark;
List of goods and/or services in accordance with the Nice Classification;
Certified copies of priority documents, if priority is to be claimed (may be filed to the Latvian Trademark Office within three months from the filing date).

Trademark registration procedure

After the completion of filing, the official notification of the receipt of the Latvian trademark application is issued within approximately 2 months. The decision of substantive examination is issued within a period of 6 months after the filing. If the decision is positive, the applicant is invited to pay the registration and publication fees. Then the trademark is registered in the State Register of Trademarks, published in the official bulletin and the registration certificate is issued. Within 3 months from the date of publication of the trademark any person may file an opposition against the registration of a trademark. In case the substantive examination finds any obstacles for registration, a provisional refusal in trademark registration is issued, which may be appealed within further 3 months.

The smooth trademark registration procedure takes approximately 7-9 months in Latvia.

Foreign applicants must be represented by a registered Latvian trademark attorney.

Possible oppositions and cancellation requests

Oppositions against trademark application in Latvia may be filed within 3 months from the publication date.

Interested parties may also file cancellation requests after trademark registration, namely:

cancellation based on relative grounds may be filed to Court within 5 years after registration of the trademark;
cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark;
cancellation based on non-use may be filed to Court. The grace period is 5 years from registration.

Trademark validity and renewal

A trademark is valid for 10 years from the date of filing and can be further renewed every 10 years. It is possible to apply for a trademark renewal within 12 months before expiry of validity term. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after expiration of a grace period) is not possible.

Frequently asked questions

Can I file a trademark application to Latvia by myself?
According to the Latvian legislation, legal bodies and private entities of Latvia may file trademark applications by themselves, foreign applicants should be represented by trademark attorneys.
What are the grounds for refusal in trademark registration in Latvia?
A trademark is usually refused in registration based on absolute grounds; a registered trademark may be declared invalid based on objection against trademark registration filed by the holder of similar/identical earlier trademark with the same or similar goods/services, etc.
How can I conduct a trademark search prior to filing an application?
Please contact us to order a service of a preliminary trademark search.
Can a multi class trademark application be filed in Latvia?
Yes, according to the legislation of Latvia you may file trademark applications with indication of any desired number of classes of the Nice Classification. Still please note that the amount of official fees depends on the quantity of classes.
What is the cost of a trademark registration?
The cost of a trademark registration in Latvia depends on the number of classes in which the registration is required. Please contact us for more detailed information.
Can a trademark registration procedure be accelerated in Latvia?
Yes, a trademark registration procedure may be accelerated by ordering corresponding service in the Trademark Office. Thus, the Trademark Office will examine an application and issue a decision in a short time frame. In case of positive decision, the official registration and publication fees are to be paid, after which the registration certificate is issued.
What is a non-use cancellation?
According to the legislation of Latvia, a third party may file a request for partial or total cancellation of a mark that has not been used by the holder for a consecutive period of any five years of registration.
How many times can a trademark be renewed in Latvia?
Trademarks in Latvia may be renewed every 10 years as many times as needed upon payment of corresponding fee.