About Trade Marks And Geographical Indications

Original Language Title: Par preču zīmēm un ģeogrāfiskās izcelsmes norādēm

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The Saeima has adopted and the President promulgated the following laws: trade marks and geographical indications chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) mark — a sign that is used to distinguish the goods of an undertaking from the goods of other undertakings; except in the cases specified in the text of this law, the terms "trademark, the trademark" also includes service marks and collective marks;
2) service mark — a sign that is used to distinguish a business services from other business services;
3) collective mark, trademark or service mark that is used in the production, marketing or service business associations, association or similar organization to designate the goods or services;
4) Paris Convention-March 20 1883 Paris Convention for the protection of industrial property (14 July 1967 in Stockholm adopted version, with 28, 1979 and amended in September);
5) Paris: Paris Union Convention in the Member States of the Union;
6) distinctive characteristics of the sign — which enables you to distinguish this designation marked a company's goods or services of other undertakings; the assessment of the distinctive character of the sign is independent not only from the nature of the sign, but also from the consumer perception and the nature of the goods or services;
7) international registration of trade marks (international registration), trademark registration, made in accordance with the April 14, 1891 in the Madrid Agreement concerning the international registration of marks (July 14, 1967 in Stockholm adopted version, with 28, 1979 and amended in September) (Madrid Agreement) or in accordance with the Madrid Agreement concerning the international registration of marks of June 27, 1989 a Protocol (the Madrid Protocol), or under another agreement concerning the international registration of marks , which entered into force with respect to Latvia;
8) goods and services international classifications (Nice Classification): a classification established by 15 June 1957 by the Nice Agreement concerning the international classification of goods and services for registration of marks;
9) — the International Bureau of the world intellectual property organisation, the International Bureau, which carried out the international registration of marks and the sort of international trademark registry;
10) geographical indication: a geographical name or other designation that is used, directly or indirectly, in reference to the goods or services for geographical origin, their nature or properties associated with this origin.
2. article. The purpose of the law (1) this Act regulates the legal relations of the registration of marks, as well as trade marks and geographical indications for use and protection.
(2) the special provisions on collective marks referred to in Chapter VII of this law; in other cases, if not otherwise indicated, to the collective mark shall be subject to the rules of the trade marks or service marks.
(3) administration of trade marks and geographical indications and the protection rules of use governed by other legislation, in so far as they do not conflict with this Act.
Latvia (4) natural and legal persons are entitled to register, use and protect trademarks, geographical indications, as well as other commercial terms used in other countries in accordance with national laws and international treaties.
(5) If the Saeima approved international agreements provisions different from the provisions of this law, applicable international treaty provisions.
Chapter II trade marks and rights to them in article 3. Trademarks trademark can create any sign that can be graphically represented and which enables the goods or services of one undertaking from those of other undertakings. In particular, trademarks can be: 1) Word — consists of letters, words, names, last name also, numerals;
2 graphic-image), drawing, graphic symbol, color, tone, color, typography;
3) 3-d spatial volume,-the goods or its packaging form;
4) combined — consists of the above items (goods label URu.tml);
5) particular types or special (sound or light signal to URu.tml.).
4. article. Right on the mark, and this entity (1) right on the mark can get any natural or legal person (hereinafter person). Each person can belong to one or more of the trade mark trade mark.
(2) a trademark may be of two or more persons jointly owned property.
(3) a collective mark is the several business associations (associations).
(4) the good faith of the business may not use the registered trade mark, in so far as they do not touch other people's rights and not breaking the law, and other laws and regulations. In addition to the specific provisions that, under certain circumstances, allow trademark protection without registration or outside it and mentioned in the seventh paragraph of this article, as well as in article 8 of this law and article 28 of the eighth part, the legal relations in connection with a registered trade marks of the Civil Code also regulates rules and laws relating to unfair competition, (5) an exclusive right to a trademark can be ensured by the Patent Office of the Republic of Latvia (hereinafter Patent Board) or the registration of a trade mark registration carried out in accordance with the trade marks international registration rules and apply to Latvia. The specific rules relating to the international registration of marks and the international register of marks, as referred to in Chapter VIII of this law; in other cases, to the internationally registered trademark, use, validity and subject to the rules on the protection of the Patent Board registered trademarks.
(6) the Person in whose name the trade mark is registered, has the exclusive right to prohibit other persons from using, in the course of the following designations: 1) any mark identical notation in relation to goods or services which are identical with the goods or services for which the mark is registered;
2) any sign, when due to the identity or similarity between the trade mark and the identity of the goods or services or likeness, which the mark is registered and in relation to which that sign is used, it is possible that the consumers concerned that sign blended with or perceived as such, the term associated with the trade mark.
(7) Notwithstanding this article, the provisions of the sixth part of Latvia widely known trademark (within the meaning of article 8) the holder is entitled to prohibit the use in any commercial signs that confuse rendered, mimic, translated or transliterēt a well known trade mark in relation to goods or services which are identical or similar to a well-known trade mark for the goods or services. In Latvia, the well-known trade mark proprietor is entitled to prohibit the use in commercial activities where the signs reproduced, imitated or translated transliterēt, a well known trade mark in relation to goods or services which are not similar to the well-known trademarks of goods or services, but on condition that the use of the sign can be seen by consumers as an indication of the relationship between those goods or services and a well-known trade mark owners, and that such use may be harmful to a well-known trade mark owner's interest.
(8) pursuant to the sixth and seventh part may prohibit the following: 1) for the use of the sign (from appearing upside down, attachment) to goods or to the packaging thereof;
2) product offering, putting on the market or for the following purposes in connection with these terms;
3) services or offering in connection with these terms;
4) the import or export of the goods in connection with these terms;
5 use of the designation) for the business documents and advertising.
(9) with the necessary changes to the application of this article, the sixth, seventh and eighth part, the trade mark proprietor is entitled to prohibit other people also use terms that are expressly designed to distinguish the goods or services (labelling of the goods, the origin of the goods or services for identification), if it is proved that such a use of the sign without due justification, give you a good idea of the relation with this trademark or enable dishonest use of the mark's distinctiveness or reputation or could cause damage.
(10) If a registered and valid trade mark includes a dictionary, encyclopedia or other similar reference items, giving the impression that it is a generic name (general concept) in relation to goods or services for which it is registered, at the request of the proprietor of the reference item Publisher shall ensure that no later than the following reference items in the mark would be added to indicate that it is a registered trademark. This provision with the necessary changes, apply the reference items in the electronic database.
(11) the right to the trade mark, which is based on the registration or its application, in terms of the legal regime comparable rights to movable property within the meaning of the civil code, but can not be a requirement for liettiesisk object. This right can be transferred to other persons (successors) and you can move the heirs.

(12) an exclusive right to a trade mark registered in full, including the exclusive rights in relation to the other parties, shall enter into force on the date of publication of the notice of registration of the trade mark.
5. article. Exclusive rights limits (1) the trademark owner shall not be entitled to prohibit the other person in the use of such commercial messages or use the legend, if it matches the production and good faith commercial practice: 1) this person's own name and address;
2) this person's company name, if its legal use in commercial activities launched before the relevant trademark registration application date (priority date), and its address;
3) true references and details of that person's goods and services, the kind, quality, quantity, usage (functional task), value, geographical origin, the manufacturing of goods and services, or other characteristics of goods and services;
4) that the owner of the trade mark where it is necessary to specify the use of the goods or services (functional task), also use the accessory or spare part.
(2) the trademark owner shall not be entitled to prohibit the use of the trade mark in relation to goods with the trademark with the consent of the owner of the same get in economic circulation in Latvia or any other country with which Latvia in respect of those goods has concluded bilateral or multilateral international agreements on the common market, the Customs Union or similar agreement.
(3) the second paragraph of this article shall not apply if the trade mark proprietor has justified reasons to prevent further movement of goods for profit, especially if the quality of the goods after the commercial circulation has changed or the item is defective.
(4) the exclusive right shall not apply to trade marks elements that, in isolation, in accordance with article 6 of this law, the provisions of the first subparagraph may not be registered as trademarks.
Chapter III trademark registration prerequisites of article 6 Absolute grounds refusal of registration of the trade mark, and for recognition of the void (1) as a trade mark may not be registered the legend (if they are registered, registration, in accordance with the provisions of the Act may be declared invalid): 1) which cannot constitute a trade mark, that is, terms that do not comply with this law, the provisions of article 3;
2) lacking any distinctive character as regards the goods or services sought;
3) consisting exclusively of such signs or indications which may be used in the course of trade, to designate the kind, quality, quantity, usage (functional task), value, geographical origin, or the manufacturing of goods, services, or other characteristics of the goods or service;
4) consisting exclusively of such signs or indications (in general terms) that are claimed in respect of the goods or services have become common in everyday language or in good faith and established business usages;
5) which consist exclusively of the shape which directly determines the nature of the goods themselves (form directly stems from the nature of the goods) or that require a technical effect, or where a significant value to the goods;
6) which are contrary to public policy or public to accepted principles of morality;
7) which may mislead consumers about the product or service to the nature, quality or geographical origin, etc.;
8) which includes a legend whose registration is rejected or deemed void under the Paris Convention, article 6 ter, including the Paris Union Member States and flags, coat their fineness (purity), control and guarantee marks, as well as the international emblems, flags, names and their abbreviations, unless the competent authority permits;
9) without the laws of Latvia, in accordance with the procedure laid down in the authorisation issued by the competent institution at the national level include Heraldry approved, national public service awards, distinguishing marks, as well as the formal purity (fineness), control, quality, warranty and product safety labels, the use of which in relation to the same or similar goods or services used in Latvia, or other marks of high symbolic value, as well as religious symbols;
10) for wines — which includes a geographical indication or consists of a geographical indication, which indicates a certain wines originating in, or in respect of distilled drinks — which includes a geographical indication or consists of a geographical indication, which indicates the originating destilēto spirit drinks, wine, or distilled drinks, which sought the registration of the trade mark, is not relevant.
(2) a trade mark shall not be registered, but if it is registered, the registration in accordance with the provisions of this law may be declared invalid even if the application for registration of the mark filed with the obvious bad faith.
(3) the registration of a trade mark may not be refused on the first part of this article 2, point 3 or 4, as well as provisions may not be declared invalid on the basis of the same provision, if use of the sign in its respective consumer perception of Latvia acquired distinctive character in regard to the registration of the goods and services claimed.
7. article. Of the earlier mark as a justification for recognition of registration on (1) the registration of a trade mark in accordance with the provisions of this law may be declared invalid in the following cases: 1) the trade mark is identical with the earlier trade mark and the goods or services for which it is registered, is identical with the goods or services which is registered in the earlier trade mark;
2) due to the identity of the trade mark or likeness of another person earlier trade mark and the goods or services concerned or similarity of identity there is a possibility that the consumers concerned or the perception of that sign blended as interconnected.
(2) Earlier trademarks in the first part of this article, the meaning is: 1) in force in Latvia trade marks registered at national or international registration procedure and that the application for registration is earlier than the date of the contested trade mark application date, also taking into account the marks assigned priority;
2) referred to in the previous paragraph the application for registration of trade marks, provided that they are registered.
8. article. A well-known trademark as grounds for refusal of registration or for recognition of the void (1) without prejudice to article 7 of this law the provisions of the trademark registration may be refused or, if it is registered, the registration in accordance with the provisions of this law, be declared invalid, if the trade mark to wipe rendered, mimic, translated or transliterēt a trade mark which, although not registered before the (contested) trademark registration application date (or the priority date If it is given priority) has been well-known in Latvia trademark for identical or similar goods or services.
(2) in addition to the first part of this article, the provisions of the trademark registration may be refused or be declared void even if the goods or services for which the registration of the mark applied for is not similar to the well-known Latvia's trade mark for the goods or services, but with the condition that the (disputed) use of the trade mark in relation to those goods or services may be perceived by consumers as an indication of the relationship between those goods or services and a well-known trade mark owners, and that such use may harm the well known trademarks the interests of the trademark owner.
(3) in determining whether a mark is well known shall be taken into account in the recognition of the trade mark the relevant consumer, the recognition in Latvia that occurred as a result of advertising or other promotional conditions of its popularity.
(4) in determining the circumstances in which the sign applied for or registered trade mark of this article are applicable to the first and second subparagraph, take into account the 6-bis of the Paris Convention the provisions of article about a well-known trade mark, which provides the rules to prevent widely known trademarks or other simulation rendering of the substantial part of the trade mark, and with the necessary changes in these provisions also apply to service marks.
(5) the first and second parts of the provisions on refusal of registration of inspection procedure does not apply if the trade mark applied for with the well-known trade mark owner permission.
9. article. Other earlier right as grounds for trademark registration for recognition of (1) the registration of a trade mark may be declared invalid, also based on the fact that this trade mark is identical with, or similar to, an earlier collective mark, the validity of which over the last three years before the contested trade mark application.

(2) the registration of a trade mark may be declared invalid, also based on the fact that this trade mark is identical with, or similar to, an earlier trade mark which has been registered for identical or similar goods or services and where the period of validity of the registration does not restore because over the last two years before the contested trade mark application date, except where the owner of the earlier mark is given permission to challenge the registration of a mark or not use his trade mark.
(3) the registration of a trade mark may be declared invalid, also based on the fact that the other person before the date of the trade mark application (also taking into account its priority date) acquired in Latvia other rights which allows you to ban the use of the trade mark; registration may be challenged, based also on the following rights: 1) personal rights, that is, rights related to public figures in the person's name, surname, pseudonym, portrait, facsimile, except where that person dead 50 years ago or earlier;
2) Copyright;
3) commercial law, that is, rights related to identical or similar business sector use a brand name (commercial designation, name of a mass medium, other similar sign) if its fair and lawful use in the course of trade in Latvia launched one trademark filing date or priority date, as appropriate or common in Latvia, Latvian or foreign company name (commercial designation, name of a mass medium, other similar sign);
4) other industrial property rights.
(4) the registration of the trade mark annulment that is entitled to require the person who is the owner of the trade mark in another Member State of the Paris Union, if Latvia this mark on your name registered by an agent or representative of the owner without the owner's consent, unless the agent or representative action is sufficient justification.
Chapter IV trade mark registration procedure article 10. Submission of application (1) a Person who wishes to register a trademark in Latvia shall be submitted to the Patent Office in writing of the registration of the trade mark application (hereinafter also-application).
(2) on the application of the trade mark, registration and other activities set out in this Act must pay a fee. Fees shall be determined by the Cabinet of Ministers.
(3) the date of submission of the application (filing date), subject to the provisions of part 9 shall fix a date when the Patent Office receives documents which include: 1) request to register a trade mark;
2) news, which allows to determine unambiguously the applicant;
3) designation applied for (it);
4) the list of goods and services for which registration of the mark requested.
(4) the application may request only one trademark registration.
(5) in the same application can request the registration of a trade mark in respect of one product or service, several or many goods or services, as well as simultaneously to goods and services, whether or not in accordance with the international classification of goods and services (Nice Classification) belong to one or more classes of goods or services. The goods and services in the group by list classes under this classification.
(6) the application form that complies with the law and international treaties binding for Latvia the provisions approved by the Patent Office.
(7) the submission of the list of goods and services must be in Latvian language. Other applications include in the materials and documents may also be submitted in English, French, Russian or German. The Patent Office is entitled to request material and documents submitted for translation into Latvian language; These translations must be submitted to the Patent Office within the prescribed period. All application-related records and correspondence going on Latvian language.
(8) this law and Latvia in binding international agreements in cases the application shall include a description of the sign, translation or other explanations for the nature of the sign.
(9) an application to be included in the document certifying the payment of the application fee, additional fee also if the application relates to more than one class of the Nice Classification. The document on payment of the fee, while keeping the original application date (the third part of this article), you can add a month from the date of the application. If this overdue, but all applications submitted to date for the determination of the required documents, the application shall be deemed to be the day of submission of a document about the fees, the payment of a supplementary fee, too.
(10) if the application is lodged by the representative, the application shall be attached to the document certifying the authorisation of the representative. The requirements concerning representation and powers down the Patent law, the General rules of the Civil Code concerning the mandate of the treaty binding for Latvia and the international treaty provisions.
(11) according to the provisions of the Patent Act on the representation on a Board of a foreign Patent, the applicant shall submit an application to the list and keep out all further transactions in the Patent Office and, if necessary, the Patent Office's Board of appeal only to a professional patent attorney (trademark agent).
(12) the application shall include in the article and, if necessary, referred to in article 11, as well as other materials and documents. Formal requirements application materials and documents determined by the Patent Office in accordance with this law and international treaties binding for Latvia. Application submission signature the applicant or his representative.
11. article. Trade mark priority (1) any person who in any Member State of the Paris Union or in any State or country in the Union, with which Latvia has concluded an agreement providing for the recognition of the right of priority, submitted the application for registration of the mark, or the person's successor in title within six months from the date of this application is to the right of priority in Latvia to submit the same application for registration of the mark in relation to goods and services that is identical to or includes the goods and services for which the earlier application was filed.
(2) the applicant who want to use the earlier application the priority advantage (konvencijprioritāt), this requirement should be included in the application later in the application, specifying the date of the application and the earlier national (regional trademark registration authority), in which it is presented, as well as the application number, if it is later known at the time of application. The document, which confirms the right of priority, that is, the earlier a copy of the application, which confirmed the conformity of the original institution that this application be accepted simultaneously with the application or subsequently attached to it within three months from the date of application.
(3) the applicant that official or officially recognized international exhibition in Latvia or in any Paris Union Member State in relation to the trade mark exhibited goods or services for which the trademark is sought registration is entitled to claim the right of priority of this article within the meaning of the seventh part of the first day, when those goods or services presented in this exhibition, provided that the trade mark application filed within six months from that date.
(4) an applicant who wishes to use the third paragraph of this article, certain benefits (exhibition priority), this requirement should be included in the submission of the application, specifying the goods or services for the first day of the demonstration and exhibition. The document, which confirms the right of priority, that is, prove the exhibition showcasing material identity and their first playback (in relation to the trade mark) date and issued by the competent authority, must be submitted to the exhibition at the same time with the application or add it within three months from the date of the application.
(5) the exhibition priority is not extended the time-limit laid down in the first subparagraph.
(6) in determining whether a trade mark application to be granted the requested priority, Patent Board takes into account and this article 4 of the Paris Convention and article 11 of the rules, with the necessary changes, applying also to service marks.
(7) trademark priority (priority right) means that, in determining that person's rights are, the earlier trade mark date location take into account the priority date.
12. article. The previous application (1) within three months from the date of receipt of the application in the Patent application, the Executive Board shall make the previous review of the compliance with this law, the requirements of article 10 and the Patent Board rules, issued in the manner laid down the date of the application and, if the applicant in accordance with this law, the provisions of article 11 are entitled to priority — the priority date.
(2) If the application does not comply, or only partly meets the requirements of the Patent Office shall notify the applicant in writing, stating the discrepancies and sets a deadline for reply (failures). The application is accordingly extended the term of preliminary investigation.

(3) if the application does not comply with this law, originally the third part of article 10 of the requirements relating to the filing date for the determination of the necessary documents, but the Patent Office within the time limit set by these deficiencies prevent the applicant, the filing date shall be determined as of the date of the Patent Office received all the documents. If, at the request of the Board of the Patent applicant does not eliminate the identified deficiencies in the application, the application shall be deemed not to have been filed.
(4) if the applicant has not fulfilled the acquisition of the right of priority, the priority is not assigned.
(5) If the application contains other significant deficiencies and at the request of the applicant, it shall reject the application.
(6) if the application complies with this law, the requirements of article 10 and the Patent Board issued regulations, the Patent Board applicant shall send written notification of the acceptance inspection (application acceptance).
(7) if the applicant does not agree with the Patent Board decision on the results of the preliminary investigation, he is entitled, within three months from the date of receipt of the decision, paying the appropriate fee, submit to the Patent Office's Board of appeal (hereinafter Board of appeal) motivated appeal.
13. article. Trademarks of inspection (1) within three months of acceptance of the application expertise of Patent Board check compliance of the accepted application of this law, 3, 6 and 8. The Patent Office is entitled to require in the course of inspection from the applicant additional materials and documents necessary for the inspection, identifying their submission deadline. Accordingly, this application is an extended inspection period.
(2) If, during the inspection, it is established that the trade mark is to be registered or to be registered with this article, it is the fifth or sixth part of the restrictions, the Patent Office shall inform the applicant, setting a time limit of three months, his explanation (arguments against the grounds for refusal of registration or grounds for restrictions).
(3) as soon as possible after receipt of the applicant's explanation or the explanation of the deadline for submission expired Patent, the Governing Board shall decide on the possibility of registration of the trade mark, or for refusal of registration.
(4) if the examination is positive, the Patent Office shall decide on the registration of a trade mark. Decision in writing shall be communicated to the applicant, inviting him to pay the fee for registration and publication.
(5) where it is established that the trade mark is to be registered only for certain goods or services, the Patent Office shall decide on the registration of a trade mark application on other goods and services (with respect to a limited list of goods and services).
(6) if the trade mark is included in this law, in article 5, fourth paragraph, of the elements that, in isolation, may not be registered as trademarks, and there is a possibility that the trademark registration will cause doubt as to the extent of the rights conferred by the Patent Board, mark is registered, those elements with special instructions (disclaimer or exclusion from protection) may be excluded from protection.
(7) the decision on refusal of registration of the trade mark, or for registration with the fifth or sixth the restrictions referred to in the Patent Board properly based on the arguments and references to the provisions of the Act.
(8) if the applicant does not agree with the decision of the Patent Office in respect of the inspection results, he is entitled, within three months from the date of receipt of the decision, paying the appeal fee, the Board reasoned appeal.
14. article. Application revocation, limitation and amendment of (1) at any stage of the proceedings of the application the applicant is entitled to withdraw the application or amend all the goods and services applied for from the list of goods and services, and the fees paid will not be refunded.
(2) in addition to the first part of the said amendments in the application can only make such amendments, updates or corrections, which do not change the mark and does not extend to the logged on the list of goods and services. Amendments, clarifications and corrections throughout the course of the proceeding the application is entitled to request the Patent Office. Amendments and clarifications on the application, other than the obvious bug fixes, as well as the necessary modifications in relation to the applicant's or representative's name and address, the applicant is entitled, on its own initiative to submit only to the date on which the Patent Board taking a decision on the application for acceptance. At the initiative of the applicant submitted amendments permitted Patent Board take into account in the procedure for the examination of the application, if the fee has been paid. The Patent Office's mistakes are corrected free of charge.
(3) amendments to the Patent Office received after the preparation of the terms of registration, the publication considers the amendments to the registration in the news, and they apply this law article 17 the provisions of the second paragraph.
(4) If, in the course of the registration procedure, with the exception of article 12 of this law in the third paragraph, and article 13, second paragraph, the applicant referred to a specific time does not respond to the request of the Patent Office or fails to pay the fee, and are not asked for extension of a time limit, the application shall be deemed withdrawn.
15. article. Division of the application (1) applications for registration of the trade mark can be divided into two or more applications, apply for the distribution of goods and services between the original application and the application (the application). Distribute the application retain the original filing date and priority.
(2) the request for the Division of the application the applicant is entitled to submit, before the Patent Board is not finished preparing the registration and publication of trademarks and news about it.
(3) filing a Patent application for a Board of the Division of an application, the applicant shall indicate which goods and services remaining in the original application, and each of the application presented pursuant to article 10 of this law any requirements on the content of the application, paying all the new application in the case of certain fees. The initial application fee paid will not be refunded and are not applied to the application. If, within three months from the date on which the Patent Board received a request for the Division of an application, the applicant has not submitted certain documents and materials relating to the application or has not paid the prescribed fee, the application shall be deemed withdrawn.
(4) the examination of the application released in accordance with this law, article 12 and 13. The applicant is not entitled to withdraw the request for application sharing.
16. article. Trademark registration, publication, and issuance of certificate (1) as soon as possible after a positive decision regarding the results of the expert examination, if the applicant has paid the prescribed fee, the Patent Board mark and the particulars of it prepare for registration and publication.
(2) the trademark registration the national trade mark register coincides with its publication in the Official Gazette of the Patent Office, except in the special case where reasonably possible trademarks publications significant delays.
(3) After the registration of the trade mark and Patent Publications Board shall issue to the proprietor of a certain sample certificate of registration of the trade mark.
Article 17. The national trade mark register (1) the Patent Office shall carry out the national trade mark register (hereinafter register), including registered trade mark (the image), the identity of the trademark holder and the representative, if one has been appointed, the filing date (priority date), the date of registration of the mark, publication date, the list of goods and services for which registration of the mark, as well as other particulars defined by Patent Board.
(2) the trademark owner shall immediately notify the Patent Office concerning amendments or perceived errors messages relating to the registration of a trade mark, the owner's name (name), about the change of the representative wishes to withdraw the goods or services from the list of goods and services, or wish to change non-essential (secondary) elements the same trade mark. Amendments or revisions shall not affect the nature of the mark, affect its distinctive character, expand trademarks rights, to amend certain priority or lead to attainment of the consumer option. If a specific fee has been paid, the Patent Board permitted amendments shall be entered in the register, notification of amendments shall be published on its official publication and sends to the owner of the mark to add the certificate of registration of the trade mark. The Patent Office's mistakes are corrected free of charge.
(3) the registry entries to the extent provided for in this article, the provisions of the first subparagraph, their publications are available to any person. For a fee the Patent Board also issued registry news extracts.
18. article. Objections against the registration of a trade mark (1) within three months from the date of publication of the trade mark, by paying the appropriate fee, interested parties may submit objections to the registration of a trade mark. The opposition must be submitted in writing, the Board of appeal properly argumentējam and justified by reference to the provisions of the Act. After the expiration of the opponent is entitled to amend the (extended) the initial legal basis of opposition, but until the Appeals Council's decision, he may submit additional documents and materials that confirm (specify) the conditions on which the opposition is based.

(2) a complaint may be filed by any person, if the registered trademark does not comply with this law, the provisions of article 3, or if the registration of the trade mark shall be declared invalid in accordance with the provisions of article 6, or if applicable, third subparagraph article 9 paragraph 1 of the rules.
(3) an opposition based on this law, 7 or 8, article, or article 9, part two, part three, 2, 3, or 4, or the provisions of the fourth subparagraph may submit the persons referred to in the relevant provisions of the earlier marks, a well-known trade mark or another earlier right holder (the transferee) or their representatives.
(4) an opposition based on this law, article 8 or article 9, part two, part three, 2, 3 or 4, in addition to the provisions of the third paragraph of this article, the persons referred to may be also professional associations and industry, trade or service provider associations whose statutes provide that members (members) the protection of the economic interests, as well as organisations and institutions which, in accordance with their statutes, is consumer protection.
(5) the Board of appeal introduce the disputed trademark owners to submit objections and shall set the time limit of three months for submission of the reply.
(6) If the time limit specified in the law, the opposition has not been filed, the registration of a trade mark can only be challenged in court.
19. article. The appeal and the examination of the opposition (1) in accordance with article 12 of this law, the seventh and eighth part of article 13 of the regulations, as well as the appeal presented in accordance with the provisions of article 18 of the objections submitted by the Board of Appeal examined which acts according to the regulations approved by the Minister of Justice.
(2) appeals within three months of their receipt, but objections, within three months of the contested trade mark proprietor of the date of receipt of the answer, but if it is not received, within three months after the deadline for submission of the reply. If you filed the objection based on this law, the provisions of article 7, and opposing the disputed mark in any of the earlier mark, which is not yet registered, and the opponent's request, the opposition proceedings may be postponed until the opposing trade mark is registered and published.
(3) on the hearing of the Board of appeal, which hears appeals against decisions of the Patent Office, shall invite the appellant or his authorized person (a representative). On hearing of the Board of appeal, which hears complaints against trademark registration, invite the opponent and the contested trade mark owners or their authorised persons (delegates). All interested parties have the right to submit the necessary documents and materials and to provide oral explanations.
(4) in accordance with the results of the appeal proceedings the Board of appeal shall decide on the appeal in full or partial satisfaction or for its rejection. If the appeal filed against the decision of the Patent Office regarding the application of the results of the preliminary investigation (article 12 of the seventh part), with the decision of the Board of appeal of the Patent concerned, the Board may cancel, amend or maintain. If the appeal filed against the decision of the Patent Office regarding the inspection results (eighth part of article 13), the trade mark may be declared fully or to be registered with this law, in article 13, the fifth and sixth part of the said limits, or leave the decision on refusal of registration. If due to the appeal of the new discovered the circumstances of the case, the Board of appeal may take a decision on the review application (inspection).
(5) in accordance with the results of the examination of the opposition, the Board of appeal shall decide on the opposition's satisfaction, in whole or in part, or rejecting, the contested trade mark as a result of this decision may be declared invalid by the date of registration, be declared valid with this law, in article 13, the fifth and sixth referred to restrictions or to recognize as valid the registration.
(6) if the opposition is wholly or partly based on the earlier trade mark (article 7 of this law in the meaning of the second paragraph), after which a period of not less than five years, the trade mark proprietor is entitled to request that the opponent submitted are clear and sufficient evidence for the earlier marks genuine use of this law, within the meaning of article 23. The Board of appeal of the grounds of such objection shall not be taken into account if after that request, the relevant evidence is not submitted or if such proof is not for the past five years prior to the examination of the opposition. If opposing the earlier trade mark has been used in relation to part only of the list of goods and services in respect of which it is registered, the Board of appeal shall examine these grounds of objection only in respect of goods and services, which have been the obvious and sufficient evidence.
(7) the Board of appeal shall decide, others klātnees. The operative part of the decision shall be notified to the end of the meeting, but the written decision motivated stakeholders sent in the month.
(8) the Board of Appeal's decision on the eligibility of the application of this law, the requirements of article 10, as well as with regard to the provisions of article 11 of the priority entitlement is final. Other decisions of the Board of appeal adopted the appeal against the decision of the Patent Office, the appellant (trademark applicant) may appeal to the District Court of Riga, within three months from the date of receipt of the written decision. The complaint shall suspend the execution of the decision of the Board of appeal (entry into force).
(9) if the decision of the Board of appeal did not satisfy the contested trade mark holder or opponent, he, within three months from the decision of a Board of appeal of the date of receipt of the copy of this decision can be appealed to the District Court of Riga. The complaint shall suspend the execution of the decision of the Board of appeal (entry into force).
(10) Notwithstanding the lodging of the complaint, the interested party may contest the registered trade mark pursuant to this law, 31 or article 32 of the rules. If the action is brought, before the case was due to examine the complaint on the decision of the Board of appeal, the proceedings due to the suspension of the complaint to the requirements for the event.
20. article. The distribution of the registration (1) registration of a trade mark can be divided into two or more registrations, list of goods and services for which registration of the mark, dividing between the initial registration and the registration (registrations). Dedicated registration retains the original registration date and priority.
(2) the request for registration may be submitted only by the dissection of this law article 18, first paragraph specified for the submission of objections (objection period).
(3) the Patent Office shall submit a request for the Division of registration, the trademark owner shall indicate which goods and services in regard to the original registration and to be included in distributed registration (registrations), as well as for each of the registration shall pay the prescribed fee for registration and publication.
(4) If, within three months after receipt of the request for the registration division of the Patent Office has not received a specific fee, the request for Division of the registration shall be deemed to have been withdrawn.
(5) If the trademark owner has paid the prescribed fee, the Patent Board as soon as possible, shall be entered in the register and the registration of amendments with regard to the original registration shall be published in the Official Gazette in their respective statements, as well as a certificate of registration shall be issued on the complementing the initial registration and the certificate of registration in accordance with this law, in article 16, third paragraph and the second paragraph of article 17 of the rules.
(6) After the registration message preparation and publication of the applicant for registration is not entitled to withdraw the request for the registration division.
21. article. The period of validity of the registration and renewal of registration (1) registration of a trade mark is valid for 10 years from the date of the application, if it is not deleted before that time limit by the trade mark proprietor, found to be invalid or cancelled in accordance with this law, 30, 31 or 32. article.
(2) registration may be renewed (trademark Parregistret) every 10 years, each time to a new 10 year period. Application for renewal of registration to the proprietor of the trademark validity of submitted last year, paying the appropriate fee. At the request of the holder of the Patent, the Board granted renewal of registration within six months of extra time after the period of validity of the registration, if the additional fee paid.
(3) the Patent Board News for trademark renewal shall be entered in the register, notice of renewal of registration shall be published in the Official Gazette and in his forward to the proprietor of a trade mark to add the certificate.
22. article. The deadline extension and renewal application

(1) the time-limits provided for in article 11 of this law in the second and fourth subparagraph article 12 in the second and seventh and article 13, first, second and eighth as well as article 18 in the fifth subparagraph, and article 19, second paragraph, the Patent Board or the Board of appeal may be extended for a certain period, but not longer than three months, provided that such a request to the Patent Office received before the expiration of the term extension and paid the fee.
(2) the application for registration of the mark which the applicant withdraws or who is deemed to be withdrawn in accordance with article 14 of this law in the fourth part, in exceptional cases, the Patent Board may restore, if such a request is received in the Patent Office not later than six months after the withdrawal of the application or recognition withdrawn, paid the fee for the renewal of the application and confirmed the supporting reasons; In addition, the application may be renewed only once. The application of this law, in accordance with article 12, the provisions of part three of the declared not to have been filed, you can restore (to cancel the decision of the Patent Office about the annulment application submitted) only with the decision of the Board of appeal.
Chapter v trademark usage in article 23. The use of the trade mark (1) the use of the mark is considered the use of the mark on goods, their packaging, trade records, advertising of goods or services or other economic activities in connection with the goods or services concerned.
(2) For the use of the trade mark is also considered the use of a trade mark that certain nonessential elements different from the registered trade mark, if the mark in a form permitted changes do not affect the distinctive character of the trade mark and distinctive.
(3) If a period of five years from the date of registration of the mark proprietor of its actual use has not started in Latvia in connection with the goods or services for which it is registered, or if such use of the trade mark during the period of validity was interrupted for at least five consecutive years and the non-use is not a sufficient justification for this trade mark may apply this law, article 19 of the sixth part 28. the third paragraph of article, the second subparagraph of article 31 and article 32 of the rules.
(4) The actual use of the mark recognises the use of commercial activity, the purpose of which is to acquire or maintain a specific location in the market the goods or services concerned.
(5) the use of the mark also believes its use in Latvia on goods or their packaging, intended only for export.
(6) if the trade mark used by the proprietor's consent, then the application of the third paragraph of article marks referred to in the terms of use, believe that the use of its owner.
24. article. Warning for exclusive rights to the trade mark (1) the trademark holder is right next to the existing registered mark to put the legend — include the letter R in a circle or text that notifies you of the registration of a trademark ("Latvia registered the trade mark" etc.).
(2) the trademark owner shall not be liable to mislead the public by adding a warning label about the registration of the trade mark, which is registered in Latvia or abroad.
(3) If the trademark owner has reason to believe that someone is violating his exclusive rights, in the course of using any of the signs mentioned in article 4 of this law, sixth paragraph 1 or 2, or article 4, in the seventh paragraph, the trademark holder is entitled to warn the person on the alleged violation.
25. article. Mark the transfer of (1) the trademark holder is entitled to transfer its trademark to another person for one item, several or all of the goods, one, several, or all of the services the services for which the mark is registered, together with the company or its part that used this sign, or whatever from this company.
(2) If the other person is transferred to an enterprise or part thereof, or part of the company's trade marks are considered passed to the company or its part, if otherwise not stipulated by agreement between the parties, or if circumstances clearly dictate otherwise.
(3) particulars of registered trademarks, also the owner of the trade mark to another person, upon application, the identity document and transition certain fees for receiving Patent Board shall be entered in the register and published in the Official Gazette of the its, as well as send the owner (owners) notice of the entries made in the register.
(4) If a registered trade mark of another person (transfer) does not relate to all the goods and services for which the mark is registered, the registration of the Patent Board is divided, with the necessary changes to the application of this law, the provisions of article 20 and create a new registration in respect of goods and services, which changed owners.
(5) a trademark transfer agreement in relation to third parties shall take effect on the day of their publication in the Official Gazette of the Patent Office. While the transfer is recorded in the register, the successor in title (the new owner of the trademark) may not invoke the rights arising from the registration of the trade mark.
(6) a trademark transfer contract may be declared void if such change of the proprietor of the intentionally or without it causes or is likely to cause consumer attainment on the origin of the goods or services, the nature, quality or other properties, in connection with which the mark is used or intended to be used. A Riga Court on claims the trademark transfer agreement, Declaration of invalidity may be brought by any person.
(7) if the person is transferred to another trade mark application before the Patent Board has not yet taken a decision on the registration of this mark, upon the application of the law of transition and specific identity document fees the Patent applicant received the Board changes as take into account the application of the amendment to article 14 of this law the relevant provisions and continue the examination of the application for the new applicant.
(8) where a trade mark application, transfer to another person (the applicant) shall not apply to all goods and services for which the trade mark applied for, the Board of the Patent application shall be divided, with the necessary changes to the application of this law, the provisions of article 15, and creating a new application in respect of the goods and services that the applicant changed.
26. article. Trademark license contract (1) the trademark holder is entitled to a licence agreement to transfer to another person of your right to use the trade mark in respect of one item, several or all of the goods, one, several, or all of the services the services for which the mark is registered. According to the nature of the license (exclusive license or a simple licence) rights of the trade mark (the licensor), izdevējpus as well as saņēmējpus (the licensee) assume certain rights and obligations.
(2) a licence is recognised as an exclusive licence if the licensee acquires the exclusive right to use the trade mark in accordance with the rules laid down in the Treaty, but licensor retains the right to use the trade mark to the extent that this right is not transferred to the licensee.
(3) a licence recognised as just a license, if the licensor, by giving the other person the use of the trade mark rights, retain the rights to use the trade mark, as well as the right to issue a license for the same trademark to third parties.
(4) the trademark holder is entitled to use the exclusive rights against a licensee who violates the provisions of the licensing contract with regard to: 1) licenses;
2) the form in which the trademark may be used in accordance with the registration;
3) the list of goods and services and the nature of which the licence was granted;
4) the territory in which the trade mark is allowed to use;
5) product manufactured by the licensee or the quality of the service provided.
(5) if the license contract provides otherwise, the license may not be transferred to third parties and the licensee shall not be entitled to issue sublicenc.
(6) the particulars of registered trademark license agreement by the owner of the trade mark application and the receipt of the fee set out in the Patent Board shall be entered in the register and published in the Official Gazette, its sending a notice to the proprietor of the entries made in the register. Included in the registry and also publishes news about the license contract expiration and amendment of license terms, if they are notified in the Patent Office.
(7) the license contract may be declared void if use of the mark by the licensee, with or without the intention of causing the attainment of consumers as to the origin of the goods or services, the nature, quality or other properties, in connection with which the mark is used. A Riga Court a claim for annulment of the license agreement the licensor may bring or by any other person.

(8) the fact that the sixth part of this article provides information about the license agreement is not included in the registry or is not published, can not be on the basis of this law, in accordance with 31 or article 32 the provisions of the contested trademark validity or for the application of the third paragraph of article 23 of the restrictions imposed due to the non-use of the mark (in these cases is in force article 23 the sixth part), or to article 28 provided for in the second paragraph of the licensee's rights to intervene in case If the Court of Justice for infringement of road, the proprietor of the trade mark or the licensee's right to compensation for the losses that it incurred in connection with the licensed trademarks are illegal.
(9) the registration of the trade mark, the validity of this law, article 23 of the sixth part, and eighth of this article that the licensee's rights cannot be challenged on the basis of the fact that the licensee to goods or to the packaging thereof, in connection with the services provided or the advertisement to which the goods or services covered, provided an indication of the use of the mark by the license or that the reference provided is inaccurate.
(10) the transfer of the trade mark of this law article 25, first paragraph, under the terms of the license and release the first, second and third subparagraph do not affect the meaning of the license that is issued before third parties.
27. article. Illegal trade mark (trademark infringement) (1) mark the illegal use constitutes a trade mark owner's exclusive right, it is a violation of this law, article 4 of the sixth subparagraph in paragraph 1 or 2, or article 4, in the seventh paragraph of the legend in the business use without the permission of the owner of the mark, including the use of the word article in the eighth.
(2) in determining whether a use of the sign as a trade mark the use of illegal, at the first part of this article, and in addition to those provisions, where appropriate, taken into account in article 5 of this law, the rules on exclusive rights limits, 23, in the third paragraph of article restrictions due to the non-use of the trade mark, as well as rights provided for in article 29 limits (loss) reconciliation.
28. article. The liability for illegal trade mark (1) responsibility for the trademark use of illegal there under this law if the provisions of article 27 is a proven trademark infringement fact. To prove the fact of the infringement is the injured party (the owner of the mark or the licensee).
(2) the requirements of the Riga Court for trademark illegal use may bring the trademark owner (its successor). Independent claim for trademark use illegal the licensee is entitled to raise with the consent of the proprietor. The trade mark proprietor's consent is not required when the licensee the right to an independent right of action granted the license agreement or the trademark owner does not claim the road, although the licensee in writing, invited her to do so. Any licensee of the mark concerned is entitled to intervene in the case and to seek damages that occurred in connection with the licensed trademarks are illegal.
(3) a Person against whom a claim for trademark use of unlawful, cannot oppose the claim, just referring to the fact that the mark is not being used or discontinuing its action for other reasons, but according to this law, 31 or the provisions of article 32, it may raise a counterclaim for the recognition of trademark registration as invalid or its abolition. In these cases, the trademark infringement can be established to the extent that its registration is found to be invalid or cancelled.
(4) If a trademark infringement, the fact is proved, the injured party may request that the Court depending on the offender's degree of guilt a judgment on one or more of the following measures (sanctions): 1) trademarks of unlawful termination of use;
2) trademarks of illegal use of offsetting losses, not for profit, indemnification;
3) cover the costs, including the cases provided for in the law of costs, as well as conduct the representatives ' fees.
(5) judgment of the Court of Justice may adopt measures for trademark infringement for future prevention, an obligation to destroy illegal goods labelling, or put them on the cost value of the trade mark owner (its successor) the licensee or, if he agrees, or put it to use for charitable purposes. After the trade mark owner (its successor) or the licensee's request, the Court in these cases can be applied to the requirements laid down in law enforcement also in cases where the claim has property in nature (not brought an action for damages).
(6) in determining liability for trademark use of illegal, offending the degree of fault detection can be used as evidence of this law, article 24, third subparagraph of the said notice of termination.
(7) where the trade mark infringement committed intentionally or with malicious intent, the perpetrators called to administrative responsibility also or criminal liability.
(8) Notwithstanding article 27 of this law and the provisions of this article, the requirements to be registered, as well as unregistered trademarks, infringement of article 4 of this law, also the ninth part, in the cases provided for in the basic law can also be with or other legislative provisions on unfair competition.
(9) a claim against trademark violators may be brought within three years from the time when the aggrieved party learned or should have know about trademark infringement.
29. article. The law limits (loss) reconciliation (1) if the earlier trade mark (article 7 within the meaning of the second paragraph), the owner of five consecutive years in an administrative or judicial order not challenged later in Latvia registered trademarks, although unaware of this, he is not entitled, on the basis of their earlier trademark, to request a later trade mark invalidity of or to challenge the trademarks of later use in relation to goods and services for which it was used, except that the later trade mark has been applied for in bad faith.
(2) of this article, in the case referred to in the first paragraph of the later registered trademark owner is entitled to challenge the earlier trademark rights, even if this right in accordance with the provisions of the first paragraph is no longer pretstatām of the later trade mark.
Chapter VI trade mark Article 30 termination. Deletion of registration of the trade mark by the proprietor of the initiative (waiver of registration) (1) the trademark owner can request the registration of a trade mark to delete before its validity expired. If the Patent application received by the Board and paid the prescribed fee, the registration of a trademark with the owner of the specified delete, but not before the day of the date when the application is received. The Patent Board made the appropriate entry in the register, but a statement published on its official publication and sends the trademark holder.
(2) if the owner of the trade mark application for registration of a trade mark for deletion does not apply to all goods and services for which the mark is registered, it shall be deemed amended mark messages and dealt with in accordance with article 17 of this law the provisions of the second subparagraph.
(3) the Patent Office shall not delete the registration of a trade mark in accordance with the provisions of this article, if the Register contains details of any existing license agreement or the applicable license agreement and trademark owner does not have a corresponding application to the licensee a written consent of the mark for deletion.
31. article. Recognition of trademark registration as invalid (1) registration of a trade mark with a court decision may be declared void if the registered trade mark does not comply with this law, the provisions of article 3, or where there is (at the time of the proceedings continue to exist) in this law, 6, 7, 8 or 9 of the regulations provided for in article grounds for recognition of the mark on the void.
(2) If a claim based on an earlier trade mark (article 7 within the meaning of the second paragraph) and the defendant brought a counterclaim for the revocation on the grounds of a counterclaim to the non-use of the earlier mark (within the meaning of article 23), the registration of the trade mark shall be declared invalid in so far as the counterclaim upheld.
(3) the Riga Court a claim for trademark registration, the invalidation, by the provisions of this article may be brought by persons who, in accordance with article 18 of this law the second, third, and fourth part, where appropriate, may also submit objections against the registration of a trade mark. Such claims, if appropriate justification, may be brought as a counterclaim in the case also for trademarks of illegal use.
(4) if the first paragraph of this article, the conditions, the registration of the trade mark shall be declared invalid by the date of registration.
(5) if the grounds for the recognition of trademark registration as invalid exists only in respect of part of the goods or services for which the mark is registered, the registration shall be declared invalid solely in respect of those goods or services.

(6) a copy of the judgment of the Court will send the Patent Office, which shall make a corresponding entry in the register and published in the Official Gazette in its statement about the registration of the trade mark annulment or the amendment of the registration message.
32. article. Cancellation of registration of the trade mark (1) the registration of a trade mark with the judgment of the Court of Justice may be revoked if the mark following its registration in the successive five-year period is not actually used (this law, within the meaning of article 23) in relation to the goods and services for which it is registered, and this use has not been sufficient justification.
(2) the first subparagraph of this article, the requirements for cancellation of registration of the trade mark cannot maintain (can not satisfy), if between the above five years of non-use of the trade mark of the period and bringing the actual use of the trade mark has been started or resumed. On the use of the trade mark or the resumption is not fact, if it is used for a period of not more than three months prior to a claim being brought, and marks the start or resumption of the use of the necessary preparatory work started only after the expiry of this law article 23 trade marks in the actual non-use period.
(3) the registration of a trade mark with the judgment of the Court of Justice can also cancel if, after registration of the trade mark owner's conduct (or his inaction) in business has become generic (general concept) in relation to the goods or services for which it is registered.
(4) the registration of a trade mark with the judgment of the Court of Justice may also be waived if the result that the trade mark after registration in connection with the goods or services for which it is registered, take its owner or used with the consent of the owner of this trademark may mislead the public, particularly with respect to these goods or services to the nature, quality or geographical origin.
(5) any interested person throughout the validity of the mark may be brought during the Riga Court a claim for cancellation of the registration of the trade mark by the provisions of this article. Such claims, if appropriate justification, may be brought as a counterclaim, also the case for trademarks of illegal use.
(6) if the grounds for revocation of a trade mark exist in respect of part only of the goods or services for which the mark is registered, the registration shall be cancelled only for those goods and services.
(7) the Court of Justice points out that the day of registration of the trade mark must be canceled. If not found, as was a condition which is the basis for the cancellation of registration of the trade mark, it must be canceled with the date of the application submitted to the Court. Copy of the judgment of the Court will send the Patent Office, which shall make a corresponding entry in the registry for the registration of the trade mark revocation or amendment of the registration of the judgment in terms of the specified day and publish an appropriate notice in its official Gazette.
33. article. Deletion of registration of the trade mark in connection with the expiry of the period of validity (deletion of the registry) (1) the Patent Board deletes the registration of a trade mark, if the trade mark expired period of validity and an additional period of six months for the renewal of registration, but the registration is not renewed in (mark not re-registered).
(2) the renewed registration shall be deleted from the register as of the date of the validity of the mark in the last 10-year period. The Patent Board appropriate communication published on its official publication and sends the trademark holder.
Chapter VII collective marks article 34. Collective marks and the rights to them (1) collective marks may create any label that complies with the provisions of this law on trademarks (article 3) and allows you to distinguish between the owners of collective marks – associations (associations) members (members of) the goods or services of other undertakings. While each of these associations (associations) can also have their trade marks.
(2) the owner of a collective mark may be any Association (Association), whose existence is not contrary to the law of the country of origin and which is registered in, even if this Association (the Association) does not belong to production or marketing company.
(3) As collective marks can be registered designations and indications which may be used in the course of trade to designate the goods or services for geographical origin, without applying these signs this law article 6, first paragraph, point 3 of the relevant restriction. However, such a collective mark registration gives its proprietor the right to prohibit other persons from using, in the course of the following signs or indications, provided that such use complies with good faith in the production and commercial practice; on the basis of the said collective mark, in particular, cannot be challenged by third parties the right to use a geographical name.
35. article. The use of the collective mark and the rules of use (1) marks the provisions of this law, within the meaning of article 23 as regards the collective mark shall be deemed to be fulfilled if this mark in any of the article 23 of the forms and in accordance with the provisions of the collective use of the sign is used at least one of the persons entitled to use it.
(2) a collective mark may not be transferred to other persons. The collective mark may not be right to use the license agreement to transfer to other persons, if otherwise not stipulated in the regulations of collective mark use.
(3) If otherwise not specified use of the collective mark regulations, persons entitled to use the collective mark collective mark infringement cases have the same rights and obligations as article 28 of this law, first and second parts, definitely trademark licensee.
(4) in applying the collective mark, in addition to article 10 of this law materials and documents must be submitted to the use of the collective mark regulations, approved by the governing body of this collective (applicant signs) or its authorized person. To be included in the Statute a list of people who have authority to use the collective mark (message, which allows you to identify unequivocally the person's) collective marks terms and their follow-up, including possible penalties for violations of these rules. If the logged in article 34 of this law, the third part of the collective mark, the regulations should provide for the possibility of the person whose goods or services originate in the geographical location in question meet, becoming the Association (the Association) members (members), which is the owner of the collective mark.
(5) after the publication of a notice of the registration of a collective mark collective marks also use bylaw is available for any person.
(6) on all subsequent amendments mark the use of the collective mark, the owner shall immediately notify the Patent Office, paying the prescribed fee. The amendments to the regulations of the collective mark in relation to the use third parties shall take effect on the day of the notification on amendments published in the Official Gazette of the Patent Office.
36. article. Ancillary provisions on collective marks disruption (1) in addition to article 18 of this law provides for the grounds for the objection, any person may submit in opposition to the registration of a collective mark if the registered mark does not comply with article 34 of this law in the first part, if the proprietor does not comply with the second subparagraph of article 34 requirements in respect of collective marks, collective marks, if regulations of use does not comply with article 35 of the fourth part or if the provisions of this Statute are contrary to public policy or public to accepted principles of morality.
(2) in addition to this law, the provisions of article 31 of the collective marks registration of a judgment may be declared invalid by the date of registration in cases where such a requirement is one of the first part of this article, the grounds mentioned.
(3) in addition to this law, the provisions of article 32 of the collective marks registration of a judgment may be waived if: 1) collective marks the owner no longer exists;
2) collective marks the proprietor does not take appropriate measures to prevent the use of the sign Charter infringements;
3) collective marks use Charter amendment made it no longer complies with this law, article 35 of the fourth part or its provisions are contrary to public policy or public to accepted principles of morality.
(4) in the cases provided for in this article, relating to the use of the collective mark regulations non-compliance with the requirements of public order or moral principles, the Board of appeal and the Court does not apply to collective marks registration Declaration of invalidity or revocation of registration, if the Council or the Court of appeal within the time limit fixed by the owner of the collective mark collective marks shall use Charter amendment to prevent deficiencies.
Chapter VIII trade marks international registration article 37. The scope of this law concerning trademarks international registration

(1) the provisions of this law, in particular, chapters II and III of chapter IV, 13, 18, 19 and article 22, first paragraph, section V, VI and VII of the rules, with the necessary changes also apply to the international registration of marks and the international registered trademarks, insofar as different provisions do not provide for the international registration of marks, or the provisions of this chapter.
(2) based on the trade marks international registration rules and the provisions of this law, which also applies to internationally registered trademarks and do not conflict with the provisions of the international registration, the Patent Board may issue special rules which determine in detail the trademark applicants and owners, as well as the Patent Appeal Board and the Council action with respect to the international registration of marks and the validity of the registration.
(3) For trademarks international registration login, registration and other international registration activities to pay fees for international registration rules and the laws of Latvia and other laws and regulations and in accordance with the procedure laid down.
38. article. The Patent Board's actions in connection with the application for international registration (registration) (1) the Patent Office shall make the application of international registration of marks and the registration of the international registration, the country of origin, within the meaning of the provisions of Latvia, as well as such international registration subsequent territorial extension.
(2) with the Patent Board may also amend, renew the international registration the international registration (re the new period of validity) or delete registration at the initiative of the proprietor (waive registration) if the proprietor of the international registration, the country of the provisions of the Latvia.
39. article. The validity of the international registration in Latvia (1) trade marks international registration in which entered into force in Latvia, has the same effect as trade marks, which in accordance with the procedure laid down in this Act contained in the register (the Patent Board registered the national procedure).
(2) the international registration of the mark shall be deemed not to have entered into force or at all so far as the protection of the mark in Latvia has refused.
(3) an internationally registered trademark in Latvia shall be determined by the priority date of the international registration of a mark in relation to Latvia, but when mark international registration procedure for a right of priority from the earlier filing date, — with the earlier filing date. If the international registration of the mark applied to Latvia later on the day of the international registration, priority is determined by the day, by which it extended to Latvia. If the entry into force in Latvia in an international registration after its owner's request and in accordance with the provisions of the international registration shall be replaced before the Patent Board made of the same trade mark, internationally registered trademark, in determining the priority, subject to the earlier procedure, the registration date and the priority date.
(4) the Patent Office shall carry out the internationally registered trademarks of inspection, checking its compliance with the law and article 6 requirements. Collective marks registration case, also verify that the registration of a collective mark attached to the Charter, the use of which corresponds to article 35 of this law, the fourth part.
(5) article 18 of this law in opposition to mark the entry into force of the international registration in Latvia to be submitted within four months from the date of the international registration of marks in the Official Gazette of the publication of the notice of registration of the trade mark in relation to Latvia (territorial extension to Latvia).
(6) if the inspection result found that the international registration does not meet the requirements of the fourth part, or if the registration filed an objection, the rules of the international registration procedure and term of the Patent, the Board sends to the International Bureau of the international registration concerned (initial refusal). Within three months from the date of receipt of the refusal to the holder of the international registration is entitled to submit this law, article 13 of the appeal provided for in the eighth (a reply to the opposition).
(7) the examination of the opposition and the appeal before the Board of appeal shall be in accordance with this law, article 18 and 19 of the rules and in the case of collective marks after the first paragraph of article 36 of the rules, in so far as different rules do not provide for the international registration of marks.
(8) the Patent Office shall notify, in the manner laid down by the International Bureau of any decision of the Board of appeal and the judgment of the Court of Justice which entered into force and that the international registration of the mark in Latvia found to be invalid or cancelled in whole or in part, or cancel the (amended) the initial international registration refusal.
Chapter IX geographical indications article 40. General provisions on geographical indications (1) a geographical indication in accordance with the provisions of this chapter shall be protected without registration.
(2) in accordance with the binding provisions of international treaties may introduce special protection arrangements in relation to certain geographical indications or in relation to certain geographical indications.
(3) geographic names and designation of a geographical nature, which consumers and market participants perceived in relation to the goods or services the specific origin shall not be considered as a geographical indication within the meaning of this law and are not protected; including the legend that both meets the definition of geographical indications in the territory of Latvia, but lost their original meaning and become generally accepted types of goods or services.
Article 41. Geographical indications of the legal protection of content (1) in the course of trade is restricted from using false geographical indications or any such geographical names or designations of a geographical nature, or similar designations, the use of which may result in attainment of consumers in relation to the goods or services the geographical origin.
(2) if the goods or services designated by an adopted geographical indication, consumer or perception of market participants has special quality or characteristics, following the use of a geographical indication, in the course of only in connection with the listed products and services that have the quality or characteristics.
(3) if the geographical indication is well known and it has a special reputation for consumer or market participants, such geographical indications or similar signs to use in commercial activities in relation to other goods and services is not permitted, even in cases when it is not the cause of attainment in relation to the goods or services for geographical origin, but allows the rogue to use the geographical indication's reputation or its distinctive or could cause damage.
Article 42. The origin of the goods and services the detection criteria (1) for the purposes of the provisions of this chapter: 1) the origin of the goods is determined by the production site or at the main raw materials of the goods or the main components origin;
2 origin of services) is determined by the service provider of the person's location, according to the company, or by the natural person citizenship or permanent residence, which actually determines the company's business and governance.
(2) the assessment criteria established for each individual case depending on their impact on the reputation of the goods or services; in the light of this reputation and consumer perception, local and regional nature of geographical indications can be considered a true, if with regard to the origin of the goods or services are correct, judging for the broader region or the country as a whole.
43. article. Geographical indications protection (1) the use of commercial Signs, contrary to this law, the provisions of article 41 shall be on forms of unfair competition, and liability in accordance with the legislation on unfair competition, and other laws.
(2) the requirements of the Riga Court on geographical indications of unlawful interruption of use may be brought by any interested person, including professional associations and industry, trade or service provider associations whose statutes provide that members (members) the protection of the economic interests, as well as organisations and institutions which, in accordance with their statutes, is consumer protection.
Transitional provisions 1. With the entry into force of this Act invalidates the law on trade marks "(the Republic of Latvia Supreme Council and Council of Ministers rapporteur, 1993, 12./13.nr.).

2. Trade marks, which apply to the registration of the Patent Office or the international registration applies to Latvia before the entry into force of this Act, apply to the registration procedure of trade marks and trademark registration prerequisites that are in force on the day on which the application for registration of the mark or with which the subject of the international registration of the trade mark.
3. This law, article 6 and the second subparagraph of article 9 a the fourth part contains the grounds for recognition of the trade mark void on any trade mark irrespective of which the trade mark application or the subject of the international registration of the trade mark.
The Parliament adopted the law of 16 June 1999.
The President g. Ulmanis in Riga in 1999 1 July

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