Cabinet of Ministers Regulations No. 260 in Riga 2004 8 April (pr. No 20, § 5.) the amendments to the law "on trademarks and geographical indications" issued in the Republic of Latvia article 81 of the Constitution in order to make the law "on trademarks and geographical indications" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1999, no. 14; 2001, no. 23) the following amendments: 1. Express article 2, third paragraph as follows: "(3) administration of trade marks and geographical indications and the protection rules of use governed by other legislation. Administration of trade marks and geographical indications for use in certain circumstances may limit or prohibit, in accordance with the laws and regulations governing competition, trade and advertising or consumer protection. This law does not preclude trade marks and geographical indications Protection Act to apply the rules on civil liability and laws relating to unfair competition. "
2. in article 4: to make the fourth subparagraph by the following: "(4) in good faith in the course can be used unregistered trademarks. Rules which allow trademark protection without registration or outside for the seventh part of this article, in article 8 of this law, article 9, third subparagraph, and paragraph 4 of article 28 shall not preclude the eighth legal relations in connection with unregistered marks also apply the laws and regulations referred to in article 2 of this law in the third subparagraph. ";
to make the ninth subparagraph by the following: "(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 shown that the use of such a designation creates a picture of the user of the sign relation with the owner of the mark or enable without proper excuse for dishonest use of the mark's distinctiveness or reputation or could cause damage.";
turn off the eleventh part.
3. Put article 5 second subparagraph by the following: "(2) the trademark owner shall not be entitled to prohibit the use of the trade mark in relation to goods in economic circulation in the European economic area with the trademark included a trade mark owner himself or another person with his consent."
4. Add to article 6, the first subparagraph of paragraph 11 with the following: "11") for agricultural and food products to indicate and include in respect of the same agricultural or food products protected geographical indication or consists of the following protected geographical indication, where the products for which the trade mark applied for is not relevant or if the use of the sign in connection with these products is contrary to the laws and regulations regulating agricultural and food geographical indications and the protection of the appellation of the name. "
5. To make article 7 the second subparagraph of paragraph 1 by the following: "1) in force in Latvia trade marks registered at national or international registration procedures or as a Community trade mark (hereinafter referred to as Community trade mark) under the Council of 20 December 1993, Regulation (EC) No 40/94 on the Community trade mark (hereinafter referred to as the Council Regulation No 40/94), when the application for registration is earlier than the date of the contested trade mark application date taking into account the marks assigned priority. "
6. in article 9: to express the third subparagraph of paragraph 4 by the following: 4) "other industrial property rights, including rights related to non-registered trade mark or of another sign used to distinguish goods or services, including domain name, if not the registered trade mark, or other designation that domain name before the registered trademark filing date (or priority date) used in good faith in the course of trade in Latvia in connection with the identical or similar goods or services as long as and to the extent that the registered trademark may mislead consumers about the origin of the goods or services. ";
replace the fourth subparagraph, the words ' in another Member State of the Paris Union "by the words" in some of Member States of the Paris Union ".
7. Article 10: make the sixth, seventh and eighth as follows: "(6) the application form and other trademark registration procedure requires forms to be approved by the Cabinet of Ministers.
(7) the application and the list of goods and services shall be submitted to the Latvian language. Other application or add it to include in documents may also be submitted in English, French, Russian or German. The Patent Office is entitled to require a translation of documents submitted in Latvian language. Those translations shall be made of the Patent Office in the prescribed time limit, which may not be shorter than a month. All application-related records and correspondence going on Latvian language.
(8) the application may include a description of the sign, foreign language translation of the word created the legend, the references, if the characteristic feature of the sign is a 3-d, color or combination of colors, or if it is a sound signal, as well as other explanations for the nature of the sign. International treaties binding upon Latvia in cases provided the following explanations may request the Patent Office. Explanatory notes to be submitted to the Patent Office for a specified period, which may not be shorter than one month. ";
the twelfth, expressed as follows: "(12) the application and accompanying submissions signature the applicant or his authorized representative."
8. in article 12: express first and second subparagraph by the following: "(1) in the shortest possible period of time not longer than three months from the date of receipt of the application, the Patent Office shall carry out the examination of the previous application (examination of formal requirements). The Patent Office will check the eligibility of the application of article 10 of this law, the third and the ninth part and fixing the date of the application. Determining compliance with the other requirements of article 10, also check that the image of the sign is suitable for reproduction, or the list of goods and services goods and services are clearly named and judicata or classes of goods and services meet the international classification (Nice Classification). If the application is filed through a representative, the representative for the implementation of provisions (article 10-tenth and eleventh). If the applicant, in accordance with this law, the provisions of article 11 shall have the right to priority, the priority date is determined.
(2) If the application does not comply, or only partly meets the requirements of the Patent Office shall notify the applicant in writing, stating and defining the time limit of three months for reply (failures). At the time of dispatch of the notice of application for the purposes of the examination of the previous term, and it will continue with the day when the applicant received a response to its delivery or termination deadline. ";
adding to the third paragraph after the words "the application shall be deemed not to have been filed" with the words "and shall notify the applicant in writing";
Supplement fifth after the word "application" with the words "be rejected and the applicant notifies in writing";
express the sixth part as follows: "(6) if the application complies with this law, the requirements of article 10 (also if the original deficiencies have been rectified), the applicant for the Patent Board sends written notification of the acceptance inspection (application acceptance).";
off the seventh part.
9. Article 13: make the first paragraph by the following: "(1) in the shortest possible period of time not longer than three months from the date on which the application was made, the Patent Board inspection shall check the conformity of the sign 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 required for inspection, setting it for submission to the three-month time limit. Send the request at the time of the period for the purposes of examination, and it will continue with the day when the applicant received a response to its delivery or termination deadline. ";
Add to the second paragraph after the words "the Patent Board about it" with the words "in writing";
Supplement to the third part of the second sentence as follows: "the decision in writing to the applicant.";
to make the fourth subparagraph by the following: "(4) if the examination is positive, the Patent Office shall decide on the registration of a trade mark. The decision shall be accompanied by an invitation to pay fee for the registration of a trade mark and publication. ";
turn off the eighth.
10. in article 14: make second part of the third sentence by the following: "amendments and clarifications in the application except the obvious bug fixes and 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 to the date on which the Patent Board taking a decision on the acceptance of the application.";
to complement the fourth paragraph after the words "the application shall be deemed to have been withdrawn" with the words "and shall notify the applicant in writing".
11. in article 15: replace the words "distributed application" (the fold) with the words "divisional application" (the fold);

to make the third part of the third sentence as follows: "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 divisional application or has not paid the prescribed fee, the request for Division of the application shall be deemed withdrawn and the applicant notifies in writing.";
to make the fourth part of the second sentence as follows: "after the news is prepared for registration and publication, the request for the Division of application may not be withdrawn."
12. To supplement the law with article 17.1 of the following wording: "17.1 pants. Appeal Board decision on the Patent and its progress (1) the applicant or the Patent Board's decision, in whole or in part does not agree with the previous review of the application or trademark expertise results or other with trade mark registration procedures relating to patents taken in stage for a decision of the Board is entitled, within three months from the date of receipt of the decision by the fees paid to submit the Patent Board of Appeal reasoned writing. Appeal of the Patent Office shall suspend the execution of the decision.
(2) if the decision does not end the period of examination of the application or other proceeding a Patent Governing Board regarding its distribution, the decision may be appealed only together with the final decision, unless the decision itself does not provide an opportunity to separate appeal.
(3) the Patent Office shall immediately repeal or amend the decision, in so far as it recognizes the appeal of reasonable submitted.
(4) If a decision to annul or affect third-party rights or legal interests or if the two weeks after the appeal decision is not cancelled or amended by the third paragraph of this article, the procedure laid down by the Patent Appeal Board refers to the Board of appeal.
(5) If the Patent Office's decision in accordance with the third paragraph of this article has been repealed or amended, and it met the appellant, he withdrew the appeal. On appeal the fee paid refunded in the administrative procedure law.
(6) If an amendment to the decision the appellant does not satisfy, he of it within three months from the date of receipt of the amended decision shall notify the Patent Board of appeal without delay, and the Board of appeal.
(7) action to the Board of appeal the appellant is entitled to an appeal submitted to clarify or supplement. "
13. Express article 19 by the following: ' article 19. The appeal and the examination of the opposition (1) in accordance with this law, the provisions of article 17.1 of the appeal and filed in accordance with the provisions of article 18 of the objections submitted by the Board of Appeal examined.
(2) the appeal shall examine, within three months from the date of receipt of the Patent Board. If the Patent Office's decision has been amended by this law, the third paragraph of article 17.1 for the order, but the appeal is not withdrawn, it shall, not later than two months from 17.1 in the sixth article, part of the date of receipt of the notification.
(3) the appearance of the opposition within three months of the contested trade mark proprietor of the date of receipt of the answer, or from the date of termination of the response deadline. If you filed the objection based on this law, the provisions of article 7, and the contested mark opposing earlier trademark which is not registered yet, and the opponent's request, the opposition proceedings may be postponed until the opposing trade mark is registered and published. If before the opposition proceedings brought in the Court of the opposition of the opposing trade mark invalidity of or for the cancellation of registration of the trade mark, and if this registration validity may depend on the results of the examination of the opposition, the opposition proceedings the Board of appeal proceedings pending the judgment of the claims.
(4) on the hearing of the Board of appeal, which hears an appeal of the decision of the Patent Office shall invite the appellant or his representative and, if the decision of a Board of appeal can affect third parties — also or its representative. On hearing of the Board of appeal, which hears complaints against trademark registration, invite the opponent or his representative, and the contested trade mark owner or his representative. All interested parties have the right to submit the necessary documents and materials and to provide oral explanations.
(5) 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, in addition, with this decision, the Patent Board may cancel, amend or maintain. If the appeal is submitted on the Patent Board decision regarding the inspection results (article 13, seventh paragraph), 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 (re expertise).
(6) 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 under this decision may be declared invalid by the date of registration, be declared valid with this law, in article 13, the fifth and sixth the restrictions referred to in part or be declared valid according to the registration.
(7) if the opposition is wholly or partly based on the earlier trade mark (article 7, 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 according to the actual use of this law, the provisions 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 goods or services for 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.
(8) the Board of appeal shall take a decision, the other people present. The operative part of the decision shall be notified to the end of the meeting, but the written decision motivated month send the fourth paragraph of this article. If the Appeals Council decision does not satisfy any of the parties, any of the following persons within three months from the date of receipt of the copy of the decision can be appealed against that decision to the Court. The Court suspended the application of the decision of the Board of appeal.
(9) without prejudice to the application of the decision of the Board of appeal by the interested party can challenge the Court of the registered trade mark (application for registration of the trade mark annulment or an action for cancellation of the registration of the trade mark). If such an action is brought before the administrative case review of the decision of the Board of appeal, administrative proceedings pending the judgment of the claims. "
14. Replace article 20, the words "dedicated registration" (fold) with the words "separate registration" (fold).
15. Express article 22, first paragraph the following wording: "(1) the time-limits provided for in the procedure for the registration of the trade mark rules, except the time limits set by article 11 of this law in the first and third subparagraphs, article 18, in the first paragraph of article 19 of the eighth paragraph, article 21 and article 39 in the fifth paragraph, the Patent Board or the Board of appeal may be extended for a certain period, but not longer than three months If such a request is received in the Patent Office before the expiration of the extension and paid duty. "
16. Article 23: replace the third part number and the words "article 19 of the sixth part" with a number and the words "article 19" the seventh part;
turn off the sixth paragraph, the words "the application of the third paragraph of article marks referred to in the terms of use".
17. To supplement the law with article 24.1 the following: ' article 24.1. Associated with ownership (1) right on the 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 the object of property requirements. As far as this law provides otherwise, the law applicable to these general rules on movable property and property transactions; with trademark rights can be sold, in whole or in part to another person (the transferee), gifted or otherwise include civil circulation, they can inherit or acquire the right of succession.
(2) two or more persons jointly owned property in relation to the trade mark (article 4, paragraph 2) is governed by mutual agreement. Where such contract has not been concluded, each of the co-owners may use the mark in its sole discretion, also dispose of their alleged part. Dispose of all trademark registration or to grant a licence to another person may be carried out only in accordance with the agreement of all co-owners or through a court decision. "

18. To make article 25, second subparagraph by the following: "(2) If the other person is transferred to an enterprise or part thereof, the rights to the trademarks, which are directly associated with the company or its part shall be regarded as passed to the company or its part, if otherwise not stipulated by agreement between the parties, or if circumstances clearly dictate otherwise."
19. To supplement the law with article 25.1 the following: ' article 15.6. The trade mark in the insolvency proceedings and trademark as the mortgage rights subject (1) where a registered trade mark is involved in insolvency proceedings, if it is seized by a court decision, the Patent Office in accordance with the decision of the Court of the question mark in the register. News of the mark shall notify the applicant in writing and published in the Official Gazette of the Patent Office.
(2) If, in relation to a registered mark is established and the Patent Board pledges from interested parties receive application, a document that certifies the mortgage law and the amendment of the fee specified in the register, the Patent Board shall carry out the appropriate tag in the registry. News of the mark shall notify in writing the applicant and the owner of the registration and shall be published in the Official Gazette of the Patent Office. "
20. in article 26: to express the sixth part as follows: "(6) the particulars of registered trademark license agreement upon submission, the parties and the rights licensed identity document and the receipt of the fee set out in the Patent Board shall be entered in the register and published in the Official Gazette of the Patent Office, as well as sent to the parties notice of the entries made in the register. Application for registration of the licence in the following order, filed before the registration of the trade mark, the Patent Board having regard to the date of registration of the trade mark. Included in the registry and also publishes news about the license contract expiration and on the amendment of the license terms, if they are in that order notified the Patent Office. Details of the license agreement before the expiry of the original deadline or of any amendment to the license terms included in the register and shall be published, if the application is accompanied by a document certifying the change. "
turn off the eighth paragraph, the words "the sixth part of this article under".
21. the express article eighth as follows: "(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 ninth in the cases provided for in part, can also be based on the provisions of the laws relating to unfair competition, or the provisions of the Act on civil liability."
22. Article 31: express the sixth part as follows: "(6) a party, which in good judgment, accepted a duplicate submitted to the Patent Office. The Patent Board shall record in the register of trade mark annulment or amendment of the registration message, publish the notification in the Official Gazette of the Patent Office and transmitted to the applicant and the proprietor of (former owner). ";
to supplement the article with the seventh subparagraph by the following: "(7) the registration of a trade mark, which had been based on the Community trade mark the seniority in accordance with the Council Regulation No 40/94 or article 34.35, may be declared invalid (not the former) upon expiry of the period of validity of the registration or registration deleted by the proprietor of the trade mark, provided that the justification for the registration of the trade mark annulment void existed, these registration in force."
23. Article 32: make the seventh part of the third sentence by the following: "the good of the Party adopted the judgment of the Court of Justice, it shall submit a copy of the Patent and the Patent Board, the Board shall record in the register of trade mark revocation or amendment of the registration message with judgment day specified in the notice shall be published in the Official Gazette of the Patent Office, as well as forward to the applicant and the proprietor of (former owner).";
Supplement to the eighth article as follows: "(8) the registration of a trade mark, which had been based on the Community trade mark the seniority, can be reversed (recognised as cancel) upon expiry of the period of validity of the registration or registration deleted by the proprietor of the trade mark, provided that the grounds for cancellation of registration of the trade mark registration for this existed in force."
24. Turn off the second subparagraph of article 37.
25. Article 39: replace the sixth subparagraph, second sentence number and the words "article 13" eighth with a number and the words "17.1" in the first paragraph;
to make the seventh subparagraph by the following: "(7) the appeal (replies to objections) towards the Patent Office takes this law 17.1 article third, fourth, fifth, sixth and seventh part. So far as other arrangements are not made for the international registration of marks, in relation to the provisions of the internationally registered trade marks filed appeals and objections to the Board of appeal shall be dealt with in accordance with this law, article 18 and 19 of the regulations and, in the case of collective marks, also in the light of the first paragraph of article 36 of the rules. "
26. To complement the chapter VIII1 of this Act: "chapter VIII1 Community trade mark Article 24.3. The Patent Board's activities relating to the Community trade mark registration procedure (1) the Member States of the European Union, the central industrial property Office of the functions provided for in Council Regulation No 40/94, the Board of the Patent. A Community trade mark may lodge with the Patent Office for registration.
(2) the Patent Office shall carry out Council Regulation No 40/94, article 82 paragraph 2 provided for the Office for harmonisation in the internal market (trade marks and designs) the certification of the authenticity of the decision forced execution in Latvia.
Article 39.2. Registration of the Community trade mark and legal force in Latvia priority (1) the exclusive rights to the trademark in Latvia also supports the registration of the Community trade mark. Community trade mark protection down the amount of Council Regulation No 40/94 (2) where the Community trade mark is registered or applied for registration before 1 May 2004, its priority is determined by Latvia on 1 May 2004.
(3) where the Community trade mark the seniority is granted on the basis of relevant earlier trade mark registered in Latvia or registered internationally and apply to Latvia, then to such a Community trade mark, by defining its priority subject in Latvia, in Latvia, the registered trade mark application date and the priority date or, where the internationally registered trademarks of priority (article 39, the third part). A Community trade mark remains the assigned seniority if the Latvian trade mark or international registration of a trade mark relating to Latvia, is deleted by the proprietor of the initiative (waiver of registration) or due to the expiry of the period of validity (deletion of the registry).
Article 39.3. Community trade mark protection provisions (1) opposition to registration of a trade mark (article 18) and the requirement for the recognition of trademark registration as invalid (article 31), without this law, 7, 8 and 9 in article earlier right may also be based on an earlier identical or similar to the Community trade mark, which has a good reputation in the community and registered in the goods or services which are not similar to the later (disputed) trade mark for the goods and services but with the condition that the subsequent use of the trade mark in relation to goods or services enables without proper excuse for unfair use of a Community trade mark's distinctiveness or reputation or could cause damage, or that such a later use of the mark may be perceived by consumers as an indication of the relationship between those goods or services and that the proprietor of the Community trade mark, and this use may be harmful to the proprietor of the Community trade mark. Such opposition, and this requirement may submit to the proprietor of the Community trade mark (its successor) or its representative.
(2) insofar as not otherwise defined in Council Regulation No 40/94 on the Community trade mark the use of the illegal (infringement) applies this law case on 27 and article 28 of the civil procedure rules and the relevant provisions of the law, and the injured party may request the Court to apply those rules proposed remedies. This does not prevent the Community trade mark the use of the illegal (infringement) also apply to laws and regulations relating to unfair competition, and the provisions of the Act on civil liability.
(3) If, on the basis of the rights arising from the registration of the Community trade mark, it is contested at a later trade mark, made in the national procedure or in accordance with the provisions of the international registration and apply to Latvia, or is in dispute following the use of the later trade mark, having regard to article 29 of this law, the rules on legal restrictions due to conciliation. Where the Community trade mark is registered before 1 May 2004, article 29 of this law provided for in the first subparagraph, for a period of five years from 1 May 2004.
Article 24.5. Use of the Community trade mark additional

(1) where, on the basis of an earlier Community trade mark, filed objections against the registration of a trade mark (article 18) and the disputed trademark owner uses the right to request proof of use of the earlier trade mark (article 19 the seventh part) of this Act shall not be taken into account the provisions of article 23 (for trademarks), but having regard to Council Regulation No 40/94, article 15 of the proposed use of the Community trade mark rules. If such an opposition is based on an earlier Community trade mark, registered before 1 May 2004, in that use of the Community trade mark rules for the five-year period from 1 May 2004.
(2) under Council Regulation No 40/94, article 142 (5) and article 106 of the rules of good faith before getting the right owner in Latvia may prohibit the use of a Community trade mark registered or applied for registration before May 1, 2004.
(3) where a Community trade mark under Council Regulation No 40/94, the provisions of article 21 is involved in insolvency proceedings in Latvia, marks the register of Community trade marks or Community trade mark is not yet registered, the application material may ask the Office for harmonisation in the internal market (trade marks and designs) on the basis of a court decision.
Article 24.5. The conversion of a Community trade mark the trade mark application (conversion) (1) of the Office for harmonisation in the internal market (trade marks and designs) is received in accordance with the Council Regulation No 40/94, art. 109 rules the Patent Office transferred the application for registration of the Community trade mark application or the conversion of a trade mark application (application for conversion), the Patent Office shall immediately invite the applicant within three months of the Council Regulation No 40/94, article 110, paragraph 3 the activities set out in also to pay a certain fee (ninth paragraph of article 10).
(2) if the applicant fails to pay within the time prescribed fee (fee), the application for conversion shall be deemed not to have been filed, and shall notify the applicant in writing.
(3) the application for conversion Initiated proceedings, the Patent Board first checks whether the conversion is for the implementation of Council Regulation No 40/94, art. 108. In accordance with Council Regulation No 40/94, article 110 (1) of the Patent Office may request the Office for harmonisation in the internal market (trade marks and designs) the required information about the circumstances relating to the obstacles for the implementation of the conversion. If, in accordance with the Council Regulation No 40/94, article 108 paragraph 2 of the conversion is not allowed, the application for conversion shall be rejected and the applicant notifies in writing.
(4) If no obstacles for the implementation of conversion referred to in Council Regulation No 40/94, article 108, paragraph 2 of the application for conversion shall be considered trademark registration in Latvia. The following shall apply to the examination of the application for the intended application of this law in the preliminary investigation and the trademark examination procedure, as well as other trade mark registration procedures, taking into account the provisions of Council Regulation No 40/94 to article 110.
(5) the application for registration of the trade mark, which is based on the application for conversion shall keep the relevant Community trade mark (Community trade mark application) set the date of the application and the priority date (if given priority), as well as the seniority date if granted seniority in relation to Latvia. Where the Community trade mark is registered or applied for registration before 1 May 2004, on the date of such an application be considered in Latvia on 1 May 2004 and assigned to the Community trade mark priority shall not be taken into account. "
27. the transitional provisions be supplemented with paragraph 5 by the following: "5. The Cabinet of Ministers until June 1, 2004 shall be approved by the trademark registration application forms and other procedures for the registration of the trade mark required for sample forms."
28. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions deriving from Council of 21 December 1988, the first directive 89/104/EEC-trade mark law of the Member States closer together."
Rules shall enter into force on 1 May 2004.
Prime Minister i. Emsis in place of the Minister of Justice, Minister of Interior er. Ivry Editorial Note: rules shall enter into force on 1 May 2004.