Nice Classification, 10th edition

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, sounds, colours(combinations or shades of colours), three-dimensional forms, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks and collective marks.

The application is filed at the Patent Office.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, classification check, an examination on absolute grounds and an examination for collision with famous trademarks. There is no search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to the registration is approx. 8-10 months.
After successful examination the trademark is registered and published in the official Gazette and opened for public inspection at the Patent Office for 3 months.

National:
The opposition period is 3 months from publication date of trademark registration (post-grant procedure).

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
4 months. From publication date of the WIPO Gazette.

A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.

If the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

The official fee is LVL 60.00 (approx. EUR 86.00) for one class, LVL 20.00 (approx. EUR 29.00) for each additional class and LVL 65.00 (approx. EUR 93.00) for registration, publication and issuance of the registration certificate.

Trademark Licence Agreement
There are no provisions regarding the form of a licence agreement, but it is recommended to be in writing. Licensing of unregistered marks is not regulated with trademark law. A trademark can be licensed for all or some of goods or services in respect of which the mark is registered. There are exclusive and non-exclusive licences. The sale of a registered trademark does not automatically terminate the licence. There are statutory provisions prescribing the terms of the licensing. The licensor is entitled to enforce his exclusive rights against a licensee who contravenes any provision of the contract with regard to the duration of the licence, the form of use, the respective goods or services, the territory or the quality of the licensed goods or services. The licensee shall have no right to grant a sub-licence, unless otherwise provided for in the licensing contract.

Recordal
There are provisions in law for the voluntary recordal of a licensee with the Patent Office. There is no time frame for a recordal and no standard form or content for a licence agreement but it should contain the term and the
territory of the licence, the form in which the trademark may be used in accordance with the registration and a list of licensed goods/services.

The following document is required for a recordal:
1. A simple power of attorney from the licensor

There is a standard form accepted by the Patent Office


Effectiveness
A licence agreement becomes effective and enforceable against third parties upon conclusion of the licence agreement. After recordal, the information of the licence is published in the Official Gazette, but this is not required for the licence to become effective.

Infringement Proceedings
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings. He may call upon the owner to institute infringement proceedings. The licensee is entitled to bring a separate action for unlawful use of the trademark only with the consent of the owner of the trademark. Such consent of the trademark owner is not necessary if the licensing contract provides for the right of the licensee to bring a separate action, or in the event that the owner of the trademark does not bring such an action after a reasonable period of time even though the licensee has called upon him in writing to do so. Any of the licensees of the respective trademark is entitled to intervene in an action and seek damages resulting from unlawful use of the licensed trademark. The licensee is not required to cite the trademark owner as co-defendant

Search type	First class	Add. class
Word Mark Search (availability)	250,00 €	70,00 €
Word Mark Search (identical)	140,00 €	30,00 €
Extended Search (word mark, company name, domain)	400,00 €	70,00 €
Device Mark Search (availability)	380,00 €	100,00 €
Trademark Owner Search	240,00 €
Company Name Search	150,00 €
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	375,00 €	100,00 €

The Prices above are S.M.D. Markeur Search Fees