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Petersona Patents, Patent & IP Law Office
Riga, Latvia (LV)
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Latvia (LV)

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02-17-2016 (Newsletter Issue 3/16)
Changes in Applicable Laws and Fees
The Parliament of the Republic of Latvia adopted a new law on the Industrial Property Institutions and Procedures that entered into force on January 1, 2016.

The most significant changes affect the functioning of the Board of Appeals and procedures before this institution. Starting from January 1, 2016, the Board of Appeals is renamed to the Industrial Property Board of Appeals. Its members will be appointed by the Cabinet of Ministers and will be full time employees of this dispute settlement body, rather than employees of the Patent Office of the Republic of Latvia (LPO), as it was before.

A significant change is also introduced to the applicable procedural law by replacing the administrative procedure with the civil one. The party which is not satisfied with the decision of this body is entitled to appeal the decision to the Riga Vidzeme District Court.

Further, civil insurance is now mandatory for all patent attorneys that operate in the Republic of Latvia. Also, the Association of Patent Attorneys of Latvia will develop a Code of Ethics that will be legally binding for all patent attorneys operating in the Republic of Latvia.

Another major change affects the LPO itself. Starting from January 1, 2016, the LPO is no longer a state funded budget institution, but a self-financed state institution. This change will ensure that the LPO will be able to invest more resources into development of the industrial property system in the Republic of Latvia, including more e-services, development of the patent database, various awareness raising activities, and other initiatives that will benefit the existing and potential users.

The Latvian PTO has also changed its fees. A full list of official fees is available here (in Latvian only). For more information on the changes and for a list of renewal and other relevant fees, please click here.

Source: www.lrpv.gov.lv


12-08-2015 (Newsletter Issue 19/15)
Changes on Law on IP Institutions and Procedures in Effect Soon
The new Law on Industrial Property Institutions and Procedures which was passed on July 2, 2015 will take effect on January 1, 2016.

Unified procedures for all industrial property objects have been introduced and a quicker and more effective dispute resolution process has been created. Further, the law is expected to improve the protection of the industrial property objects. It will also pave the way to a new body – the Board of Appeals (BoA) for Industrial Property.

There are several changes in relation to professional representatives in the new law. One is the abolition of the requirement to issue a power of attorney to professional representatives. In addition, professional representatives will be required to insure their professional activity.

Source: METIDA, Latvia and Eversheds, Latvia


09-15-2015 (Newsletter Issue 14/15)
Law on IP Institutions and Procedures Amended
Lativia passed a new Law on Industrial Property Institutions and Procedures on July 2, 2015.

Unified procedures for all industrial property objects have been introduced and a quicker and more effective dispute resolution process has been created. The law is expected to improve the protection of the industrial property objects. It will also pave the way to a new body – the Board of Appeals (BoA) for Industrial Property.

The most important changes concern opposition and appeal procedures before the Board of Appeals, namely:
1) Written process is stated as mandatory, but oral proceeding will be also possible on following conditions:
- Board of Appeals required
- Upon request of one of parties and
- Additional fee for oral proceeding should be paid (amount is not provided yet).
2) Motivated reply to oppositions should be filed within 2 months instead of current 3 months time period.
3) All decisions of BoA could be appealed in accordance with Civil procedure provisions before the Riga Court of Vidzeme district within 3 months (amount is not provided yet).

The Law on Industrial Property Institutions and Procedures will take effect on January 1, 2016.

For further information, please see the article of Ms Jevgenija Gainutdinova from METIDA here

Source: METIDA, Latvia


07-14-2015 (Newsletter Issue 11/15)
Range of E-services Expanded
On June 8, 2015, the Latvian Patent Office made available new electronic services on its official website. Before e-services were only available in respect of trademark and design filing.

Now the following actions can be also made online:
- Trademark and design registration renewal;
- Trademark and design owner change of name/address;
- Trademark and design registration cancellation according to a holder's own initiative.

Electronic services were developed by the Office for Harmonization in the Internal Market (Trade Marks and Designs) in view of existing cooperation project.

Source: Mikhailyuk, Sorokolat & Partners, Ukraine


10-14-2014 (Newsletter Issue 15/14)
E-Filing Now Available
The Latvian Patent Office has launched the Trademark online filing system on the official web site of the Patent Office as of 29 September 2014, which provides the opportunity of submitting trademark application 24 hours per day. The online trademark submission is available at the following link http://www.lrpv.gov.lv/lv/precu-zimes/e-pakalpojumi and requires prior authorization at the portal https://www.latvija.lv

State fee for the trademark filing can also be paid online when filing the application or at a later point of time.

Source: Mikhailyuk, Sorokolat & Partners, Ukraine


12-03-2013 (Newsletter Issue 17/13)
Adoption of Euro
On January 1, 2014 Latvia is going to adopt Euro, replacing the currency Lats. Laws and regulations governing payments in the field of industrial property have been amended accordingly:
- Regulation of the Cabinet of Ministers No. 824 "On the fee for the legal protection", amended on September 24, 2013;
- Regulation of the Cabinet of Ministers No.472 "On the fee for the legal protection of designs", amended on September 24, 2013;
Regulation of the Cabinet of Ministers No.966 "On the fee for the legal protection of trademarks", amended on September 24, 2013;

Currently both Lats and Euro are indicated in parallel on the website of the Patent Office.

Source: Mikhailyuk, Sorokolat & Partners, Ukraine


02-01-2011 (Newsletter Issue 2/11)
Official Fees for Filing an Action Increased
The Latvian Parliament has adopted amendments to the Civil Procedure Law according to which the official fees for filing an action in IP infringement and protection matters have been increased three times:

- filing an action: LS 150 (EUR 213)
- filing an appeal against the judgment of the first court instance: LS 150 (EUR 213)
- lodging a cassation complaint: LS 200 (EUR 285).

50 percent of the state fee for filing an action will be refunded, if adopting a decision the court has confirmed a settlement between the parties.

Source: PETERSONA PATENTS Patent and IP Law Bureau, Riga, Latvia


12-10-2010 (Newsletter Issue 17/10)
Trademark Law Amended
The Latvian Parliament has adopted amendments to the Law on Trademarks and Indications of Geographical Origin on October 14th, 2010. The law entered into force on November 17th, 2010.

The major amendments to the law relate to extension of the set time limits and restoration of the missed terms.

The amendments introduced further processing and reinstatement of trights, as well as specified which terms can be extended.

For further information on amendments please click here


Source: www.foral.lv

Legal basis is the “Law On Trademarks And Indications Of Geographical Origin”, in force since July 15, 1999 as well as the “Law On Industrial Property Institutions and Procedures” in force since January 1, 2016.
Latvia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice Classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, sounds, colours or colour combinations, three-dimensional forms, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs as well as holograms, movement marks and position marks.
Colour per se are registrable if acquired distinctive character is proved.
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 power of attorney for representation before the Patent Office and IP Board of Appeal is not required. However, in case of doubts as to the scope of authorisation the Patent Office may request to provide a non-legalised power of attorney.
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 as a part of trademark examination.
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. 6-8 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).

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark registration.

Further practical details are available in our publication on this topic here
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.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is EUR 90.00 for one class and EUR 30.00 for each additional class. The fee for registration, publication and issuance of the registration certificate is EUR 95.00.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 200,00 € 50,00 € 
Word Mark Search (identical) 90,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-21-2017
Foral Patent & Law Office, Riga, Latvia

12-04-2015
Foral Patent & Law Office, Riga, Latvia

11-04-2014
Foral Patent & Law Office, Riga, Latvia

04-09-2013
Foral Patent & Law Office, Riga, Latvia
Petersona Patents, Patent & IP Law Office, Riga, Latvia

10-01-2011
Foral Patent & Law Office, Riga, Latvia

06-15-2011
Agency Tria Robit, Riga, Latvia



Petersona Patents, Patent & IP Law Office

2, Ausekla Street, Suite 2
LV-1010 Riga
Latvia (LV)

Patent Office of the Republic of Latvia
Citadeles iela 7/70
LV-1010 Riga
Latvia
Tel +371 67 09 96 00
Fax +371 67 09 96 50
Mail valde@lrpv.gov.lv
www.lrpv.gov.lv

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int