	Trademarks
	Latvia
	(Europe) Firm Ellex Klavins Contributors Martins Gailis Updated 22 Mar 2021
What is the system for trademark protection in your country?	The system for trademark protection in Latvia includes: Registration (coexisting rights) Common law (coexisting rights)
To which international treaties does your country belong?	Latvia belongs to the following international treaties: Paris Convention Madrid Agreement Madrid Protocol Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Trademark Law Treaty ("TLT") Singapore Treaty on the Law of Trademarks
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in Latvia include: Entitles the proprietor to bring an infringement action Others: Registration is the primary form of protection of trademark rights. Only non-registered well-known trademarks can be relied upon to bring an infringement action.
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks Yes Defensive marks No Collective marks Yes. Collective mark can be registered by an organization of producers or service providers for the purpose of identifying the goods or services of its members from those of other market participants as to the level of quality, accuracy, geographical origin or other characteristics set by the organization. To register a collective mark, the organization must inter alia submit to the IPO Rules of Use. Certification marks Yes. A certification mark is defined as a sign that is used to designate goods/services which have been certified by the owner of the mark in relation to the type, quality, accuracy or other characteristics of materials, production type of goods or the provision of services, and which enable to the relevant goods/services to be distinguished from non-certified goods/services. To register a certification mark, the owner must inter alia submit to the IPO Rules of Use for the certification mark. A certification mark can only be registered by an entity that does not use the certification mark itself for the relevant goods or services certified (duty of neutrality). Well-known marks Yes. Well-known marks are protected without registration and entitle the owner to bring an infringement action for any commercial use of an identical or confusingly similar sign for same or similar goods or services, or indeed in relation to non-similar goods or services, insofar the relevant public might consider that the products or services are those of the owner of the well-known mark. In order to rely on the protection of a well-known mark, the owner must be able to prove that the mark is well-known in the relevant part of the public in Latvia. Series marks No Marks in a different language or characters other than Roman characters Yes, Latvian IPO registers marks that contain Latin or Cyrillic letters, and Roman or Arabic numbers. Non-traditional marks: Sound marks Yes. Sound marks are represented in an application form either via an audio file containing the sound recording and/or as a precise sequence of written notes (score). Non-traditional marks: Smell marks No Non-traditional marks: Position marks Yes. In the Application form, the Position mark must be reproduced in such a way that the position of the sign and its dimensions or proportions in relation to the product in question can be clearly perceived. Elements not subject to registration shall be visually excluded from protection, preferably by dashed or dotted lines. The representation may be accompanied by a description of how the sign is placed or affixed to the product. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes. Color marks can be registered as a single color or a combination of colors (but without contours). In the application form, the color mark must be represented as the reproduction of the color, accompanied by an indication of the specific color based on the generally accepted color code. Non-traditional marks: Shape or three-dimensional marks Yes. A shape or 3D mark is a mark that consists of a 3D shape. It can include containers, packaging, the product itself or its appearance. In the application form, it must be represented by a graphic reproduction, or a photographic reproduction or a computer-generated representation. The reproduction must give a clear idea of the 3D form of the sign and, if necessary, may include a maximum of six different angles. Other It is possible to register also ornament marks, motion marks, multimedia marks and hologram marks.
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in Latvia include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered Other: Applications for Collective marks and Certification marks must also contain the Rules of Use for such marks.
Are multi-class applications permitted in your country?	Yes, multi-class applications are permitted in Latvia. There is no maximum number of classes for any single trademark application.
Is there substantive examination of trademarks?	Yes, there are substantive examinations of trademarks in Latvia on the following grounds: Substantive grounds Other: The Latvian IPO also examines if the applied mark might be similar to a well-known trademark in Latvia (either registered or non-registered).
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in Latvia include: Mark has direct reference to the character or quality of the goods or services Mark is not distinctive Mark consists of a geographical name Other: Mark contrary to public policy or acceptable principles of morality; deceptive marks; marks in conflict with flags and other symbols, traditional terms for wines, earlier plant variety denominations, etc.
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in Latvia include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark Well known mark: There is a well know mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark Well known mark: There is an earlier registered mark which is well known for different goods or services and use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark Other relative grounds for refusal include marks with a reputation within the EU; and other earlier rights, including rights of a well-known person to his/her name/surname/pseudonym; copyrights; earlier design rights; etc.
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in Latvia is between 6-12 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of a trademark is permissible in Latvia. This is only permissible up to six months after the expiry of the registration, subject to payment of an additional fee.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Latvia.
Are trademark licensees required to record themselves with the Registrar?	No, trademark licensees are not required to record themselves with the Registrar in Latvia.
What are the available enforcement methods in your country?	Available enforcement methods in Latvia include: Civil enforcement Infringement action Passing off Criminal enforcement Administrative enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

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What is the system for trademark protection in your country?

The system for trademark protection in Latvia includes:

Registration (coexisting rights)
Common law (coexisting rights)

To which international treaties does your country belong?

Latvia belongs to the following international treaties:

Paris Convention
Madrid Agreement
Madrid Protocol
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Trademark Law Treaty ("TLT")
Singapore Treaty on the Law of Trademarks

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in Latvia include:

Entitles the proprietor to bring an infringement action
Others: Registration is the primary form of protection of trademark rights. Only non-registered well-known trademarks can be relied upon to bring an infringement action.

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Yes

Defensive marks

Collective marks

Yes. Collective mark can be registered by an organization of producers or service providers for the purpose of identifying the goods or services of its members from those of other market participants as to the level of quality, accuracy, geographical origin or other characteristics set by the organization. To register a collective mark, the organization must inter alia submit to the IPO Rules of Use.

Certification marks

Yes. A certification mark is defined as a sign that is used to designate goods/services which have been certified by the owner of the mark in relation to the type, quality, accuracy or other characteristics of materials, production type of goods or the provision of services, and which enable to the relevant goods/services to be distinguished from non-certified goods/services. To register a certification mark, the owner must inter alia submit to the IPO Rules of Use for the certification mark. A certification mark can only be registered by an entity that does not use the certification mark itself for the relevant goods or services certified (duty of neutrality).

Well-known marks

Yes. Well-known marks are protected without registration and entitle the owner to bring an infringement action for any commercial use of an identical or confusingly similar sign for same or similar goods or services, or indeed in relation to non-similar goods or services, insofar the relevant public might consider that the products or services are those of the owner of the well-known mark. In order to rely on the protection of a well-known mark, the owner must be able to prove that the mark is well-known in the relevant part of the public in Latvia.

Series marks

Marks in a different language or characters other than Roman characters

Yes, Latvian IPO registers marks that contain Latin or Cyrillic letters, and Roman or Arabic numbers.

Non-traditional marks: Sound marks

Yes. Sound marks are represented in an application form either via an audio file containing the sound recording and/or as a precise sequence of written notes (score).

Non-traditional marks: Smell marks

Non-traditional marks: Position marks

Yes. In the Application form, the Position mark must be reproduced in such a way that the position of the sign and its dimensions or proportions in relation to the product in question can be clearly perceived. Elements not subject to registration shall be visually excluded from protection, preferably by dashed or dotted lines. The representation may be accompanied by a description of how the sign is placed or affixed to the product.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes. Color marks can be registered as a single color or a combination of colors (but without contours). In the application form, the color mark must be represented as the reproduction of the color, accompanied by an indication of the specific color based on the generally accepted color code.

Non-traditional marks: Shape or three-dimensional marks

Yes. A shape or 3D mark is a mark that consists of a 3D shape. It can include containers, packaging, the product itself or its appearance. In the application form, it must be represented by a graphic reproduction, or a photographic reproduction or a computer-generated representation. The reproduction must give a clear idea of the 3D form of the sign and, if necessary, may include a maximum of six different angles.

Other

It is possible to register also ornament marks, motion marks, multimedia marks and hologram marks.

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in Latvia include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered
Other: Applications for Collective marks and Certification marks must also contain the Rules of Use for such marks.

Are multi-class applications permitted in your country?

Yes, multi-class applications are permitted in Latvia. There is no maximum number of classes for any single trademark application.

Is there substantive examination of trademarks?

Yes, there are substantive examinations of trademarks in Latvia on the following grounds:

Substantive grounds
Other: The Latvian IPO also examines if the applied mark might be similar to a well-known trademark in Latvia (either registered or non-registered).

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in Latvia include:

Mark has direct reference to the character or quality of the goods or services
Mark is not distinctive
Mark consists of a geographical name
Other: Mark contrary to public policy or acceptable principles of morality; deceptive marks; marks in conflict with flags and other symbols, traditional terms for wines, earlier plant variety denominations, etc.

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in Latvia include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
Well known mark: There is a well know mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
Well known mark: There is an earlier registered mark which is well known for different goods or services and use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark
Other relative grounds for refusal include marks with a reputation within the EU; and other earlier rights, including rights of a well-known person to his/her name/surname/pseudonym; copyrights; earlier design rights; etc.

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in Latvia is between 6-12 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of a trademark is permissible in Latvia. This is only permissible up to six months after the expiry of the registration, subject to payment of an additional fee.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Latvia.

Are trademark licensees required to record themselves with the Registrar?

No, trademark licensees are not required to record themselves with the Registrar in Latvia.

What are the available enforcement methods in your country?

Available enforcement methods in Latvia include:

Civil enforcement
- Infringement action
- Passing off
Criminal enforcement
Administrative enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

Latvia

Trademarks

Latvia

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