Amendments To The Law "on Trademarks And Geographical Indications"

Original Language Title: Grozījumi likumā "Par preču zīmēm un ģeogrāfiskās izcelsmes norādēm"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/220520

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on trademarks and geographical indications" make law "on trademarks and geographical indications" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1999, no. 14; 2001, 23; 2004, nr. 23. No; 2007, no. 6) as follows: 1. Replace whole words and numbers in the law, "Council Regulation No 40/94" (fold) with the words and figures "Council Regulation No 207/2009" (the fold).
2. Replace article 4, fourth paragraph, second sentence, the numbers and the words "the third paragraph of article 9, paragraph 4, and article 28 of the eighth part" with the words and figures "and the third paragraph of article 9, paragraph 4 of the rules".
3. Replace article 7 of the second subparagraph of paragraph 1, the words and figures "of the Council of 20 December 1993, Regulation (EC) No 40/94 on the Community trade mark ' with the words and figures" of the Council of 26 February 2009. Regulation (EC) No 207/2009 on the Community trade mark (codified version) (text with EEA relevance) ".
4. Express article 16 the second paragraph as follows: "(2) the trademark registration the national trade mark register coincides with its publication in the Official Gazette of the Patent Office. This law and other laws in certain legal consequences for trademark registration data occurs with the Official Gazette of the Patent Office in the specified publication date regardless of whether a publication is on paper or in electronic form Patent Office's home page on the internet. "
5. Express article 22 the following: ' article 22. Extension of time limits (1) the Patent Office or the Board of appeal is entitled to extend to action at the Patent Office or the Board of appeal stated in this law, as well as the Patent Board or boards of appeal time limits for a period not exceeding three months, if before the expiry of the Patent Office a corresponding request, received and paid the State fee for extension.
(2) the first part of this article shall not apply to the following limits: 1) to the konvencijprioritāt period and the exhibition priority (article 11 in the first and third paragraphs);
2) on submission of the objection (article 18, paragraph 1, article 39 fifth);
3) on appeals against decisions of the boards of appeal deadlines (article 8);
4) on the period of validity of the registration and deadlines established for the renewal of registration (article 21);
5) the deadlines laid down for the continuation of the proceedings and the right of renewal (the second part of article 22.1, 22.2, the second part of the article). "
6. Supplement to chapter IV 22.1 22.2 and 22.3 article, as follows: "article 22.1. The continuation of the proceedings after a failure (1) the applicant, the trade mark owner or other interested person who has not complied with this Act in respect of the activities of the Patent Office deadlines, the continuation of the proceedings can be requested.
(2) the request for continuation of proceedings shall be submitted to the Patent Office not later than two months after receiving the Patent Board's notice of non-compliance or for someone in this statutory law of loss due to non-compliance with the time limit, if not complied with within the time limit are met and provided for in the State paid the fee for continuation of the proceedings. If the proposed action is not made or the State fee for continuation of the proceedings has not been paid, it is considered that the request is withdrawn.
(3) If the request for continuation of proceedings, the failure to meet does not have legal effect.
(4) the continuation of the Proceedings may not be requested unless the following deadlines: 1) set for the continuation of the proceedings (the second part of this article);
2 date for the exhibition konvencijprioritāt) the priorities or a term specified in the submission of the documents, which confirm the right of priority (article 11);
3) a term specified in the explanation for filing trademark expertise (article 13, second paragraph);
4) deadline for objections (article 18, paragraph 1, article 39 fifth);
5), the period of validity of the registration and deadlines established for the renewal of registration (article 21);
6) down the right restore (22.2, the second part of the article).
Article 22.2. Restoration of rights (1) if the applicant, the trade mark owner or other interested person has not adhered to this law with regard to activities in the Patent Office deadline and the deadline is the direct result of the trade mark application, the application's rejection or other treatment on the application not filed or undo the delete of registry or other rights provided for in this law, loss, that person may request the renewal of the rights concerned.
(2) the request for reinstatement of rights in accordance with the first paragraph of this article, the Patent Office within two months after the reasons for which the deadline is not met, but not later than one year after the initial deadline is met, if not complied with within the prescribed actions and paid duty on the right. The request explaining the reasons for non-compliance with the time limit, and then add the necessary evidence. If the proposed action is not made or the State fee for continuation of the proceedings has not been paid, it is considered that the request is withdrawn.
(3) If the first part of this article in the case provided for in the Patent Office ascertains that the overdue, although made appropriate efforts and comply with the second subparagraph of this article, it shall restore to the applicant, the trade mark owner or other interested person the right to registration, registration, or other lost rights.
(4) the request for renewal Before the law totally or partially rejected the Patent Board notified in writing to the applicant of the grounds for refusal and perhaps invite him within three months from the date of receipt of the notification to submit its observations on those grounds.
(5) the renewal of the Law cannot ask in the following cases: 1) time limits have not been observed, which is certainly right to restore (the second part of this article);
2) has not been complied with for a term specified in the explanatory notes for the submission of the request by the Patent Office's trademark expertise (article 13, second paragraph);
3) are not complied with the deadline for objections (article 18, paragraph 1, article 39 fifth);
4) the time limits have not been observed, which is certainly the continuation of proceedings (article 22.1 of part two);
5) the circumstances of the case allows you to apply rules on continuation of the proceedings in accordance with article 22.1 of this law.
(6) If the right to renew and therefore need to amend the earlier published information relating to the registration of a trade mark, the Patent Board made the appropriate entry in the register and in the Declaration of renewal shall be published on its official publication.
Article 22.3. The decision on extension, the continuation of the proceedings and the restoration of rights (1) the Patent Office or the Board of appeal, adopting the decision on the extension of the law in accordance with article 22, as well as the Patent Board, deciding on the continuation of proceedings under this Act or of law to article 22.1 of renewal under this law, having regard to article 22.2 third party interests, if the decision may be affected.
(2) where a request for extension, the continuation of the proceedings or recovery of the right to complaint, a decision can be combined with a decision which the Board of appeal of the Patent or the Council in accordance with the provisions of this law shall be adopted following the procedure concerned.
(3) the decision shall be communicated to the applicant and, if it may affect the interests of third parties, including third party. "
7. in article 25.1: put the name of the article as follows: "article 15.6. Mark commercial legal protection proceedings, insolvency proceedings and trademark as the mortgage rights subject ";
replace the first paragraph, the words "insolvency practitioner" with the words "commercial legal protection proceedings or insolvency proceedings".
8. Replace article 37, first paragraph, the words "and article 19 and article 22, first paragraph," with numbers and words "19, 22, 22.1, 22.2 and 22.3" article.
9. Replace the second paragraph of article 39.1 numbers and the words "paragraph 2 of article 82" with numbers and words, "article 86 (2)".
10. in article 24.5: replace the second paragraph, the words "and article 159 (5) and article 106 (1)" with the figures and the words "article 165 paragraph 5 and paragraph 1 of article 110";
replace the third paragraph, the words "insolvency practitioner" with the words "commercial legal protection proceedings or insolvency proceedings".
11. in article 24.5: replace the numbers in the first paragraph and the words "paragraph 3 of article 109" with numbers and words "article 113 paragraph 3 of" and the words "and paragraph 3 of article 110" — with numbers and words "article 114, paragraph 3";
replace the third paragraph, the words "and article 108, paragraph 2" (fold) with numbers and words "article 112, paragraph 2" (fold) and numbers and the words ' article 110 (1) of the "— with numbers and words" article 114, paragraph 1 ";
replace the fourth subparagraph, the figures and the words "of article 108" with numbers and words "article 112 (2) ' and in the numbers and the words" of article 110 "— with numbers and words" article 114, paragraph 2 ".
12. transitional provisions:

replace the 8 numbers and the words "paragraph 1 of article 15," with the figures and the words "article 15-in the first subparagraph of paragraph 1";
Add to transitional provisions with paragraph 10 by the following: "10 Cabinet until January 31, 2011 to issue rules on State toll on this law referred to in article 22.1 filing continuation and this law, the rights referred to in article 22.2."
13. Make informative reference to European Union directives, paragraph 1 by the following: "1) of the European Parliament and of the Council of 22 October 2008/95/EC the directive to approximate the laws of the Member States relating to trade marks (codified version) (text with EEA relevance)".
The Parliament adopted the law on 14 October 2010.
President Valdis Zatlers in Riga V. 3.2010 November