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New Trademark Law in Latvia effective starting the 6th of March, 2020

In view of the Directive (EU) 2015/2436 on the approximation of the laws of the Member States relating to trade marks, on 6th of February, 2020 the Latvian Parliament adopted the new Trademark law. Starting from the 6th of March, 2020 it will replace the existing Law on Trademarks and Geographical Indications, which came into force 21 years ago – in 1999.

The new law foresees the following changes:

  • The requirement of graphic mark representation will be abolished (protection of such trademark types as multimedia, holographic and position marks etc. will be allowed).
  • Registration of a certification mark will be possible.
  • The 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.
  • Clearer regulation on the right to prevent others from using a trademark in domain names.
  • 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.

Please see more information at: https://likumi.lv/ta/id/312695

English translation of the law will be provided in the upcoming months.

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