Mar 23, 2023 (Newsletter Issue 4/23)Administrative Procedures in Trademark Protection IntroducedThe Bureau of Intellectual Property Office of Economic Affairs (Amt für Volkswirtschaft) has introduced new administrative procedures in trademark protection following the implementation of EU Directive 2015/2436.
As of 1 January 2023, interested parties may now initiate opposition proceedings against the registration of a trademark and proceedings for revocation or declaration of invalidity before the Liechtenstein Office of Intellectual Property.
The Trademark Protection Act (MSchG, LGBl. 1997 No. 60), the Trademark Protection Ordinance (MSchV, LGBl. 1997 No. 77) and the Ordinance on the Collection of Fees under the Trademark Protection Act (MSchG, LGBl. 1997 No. 78) had to be amended.
For further information on the consolidated legislation, please check at www.gesetze.li
www.llv.li; Patentbüro Paul Rosenich AG, Liechtenstein May 27, 2015 (Newsletter Issue 8/15)Online Design Register Now AvailableThe Patent and Trademark Office 'Amt für Volkswirtschaft' announced that the office now provides an online design register. The online design register contains active registrations only.
It can be accessed under www.designregister.llv.li
Source: www.llv.li
Dec 17, 2009 (Newsletter Issue 6/10)
Accession to Singapore Treaty
Singapore Treaty on the Law of Trademarks: Accession by the Principality of Liechtenstein
The Singapore Treaty will enter into force, with respect to the Principality of Liechtenstein, on March 3, 2010.
Source: www.wipo.int
Legal basis is the law of December 12, 1996, in its current version as of January 1, 2017 and the regulations of April 1, 1997 in its current version of July 1, 2021 and the regulations on the collection of fees under the Trademark Law of April 1, 1997 in its current version of April 1, 2013.
Liechtenstein 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 (notoriously known trademarks).
Nice classification, 11th edition
Registrable as a trademark are all distinctive signs, such as words, names, acronyms, letters, numbers, devices and any combination of the mentioned signs as well as three-dimensional forms, provided they are able to allow a precise distinction between services and products of an entity and those of another entity. Also registrable are colours, colour combinations, sounds, smells, holograms and movement marks provided they can be graphically depicted.
The following trademark types are registrable: individual trademarks for goods and/or services, collective marks and certification marks.
Absolute grounds for exclusion include:
Signs that are not registrable as trademarks due to their nature,
Trademarks that lack any distinctive character,
Marks consisting solely of signs or indications used in trade to denote kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or rendering of services, or other characteristics of goods or services,
Marks that are likely to mislead the public, particularly about the nature, quality, or geographical origin of goods or services,
Marks consisting solely of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade for the products or services in question;
Excluded from trademark protection are all signs that are in the public domain, unless they have become established as trademarks for the goods or services for which they are claimed, as well as all shapes that are essential to the goods themselves or are technically necessary for their function or packaging.
Also excluded from trademark protection are misleading signs and signs that are contrary to public order, morality, or applicable law.
The trademark applications in Liechtenstein are to be filed at the IP department of the Office for Economics („Amt für Volkswirtschaft“).
Any person may deposit a trademark. For the deposit, the following must be submitted to the Office for Economics:
- The application for registration indicating the name or the company name of the depositor;
- the representation of the trademark and
- the list of goods and services for which the trademark is claimed.
Multiple-class applications are possible.
Foreign applicants that are non-Swiss, non-EEA applicants need to be represented by a local agent.
A power of attorney is not required.
Foreign applicants do not need a domestic registration which means that a basic application or registration in a foreign applicant's country is not a prerequisite for filing in Liechtenstein.
The application process includes a formal examination and an examination on absolute grounds of refusal, but no search for prior trademarks. The trademark will be registered if absolute grounds of refusal are not found or have been overcome during examination.
The processing time from first filing to registration is approx. 3-4 months if no objections are raised. Where necessary, a first office action will typically issue within 1 month from filing.
After registration, the trademark will be published online on: www.amtsblatt.llv.li
National:There are no provisions for filing an opposition against a pending trademark application or registration.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Protection begins with the date of application, the right in the trademark and its enforceability, however, start with its registration. A trademark registration is valid for 10 years counted from the date of filing. It is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is CHF 400 for up to three classes and CHF 50.00 for each additional class exceeding the third one. There is an additional fee of CHF 100.00 if submitted within six months after expiry of the term of protection. No registration or publication fees are payable.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Apr 09, 2024
paragraph 7, Vaduz, Liechtenstein