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Amendments to Trademark Laws

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Apr 02, 2020 (Newsletter Issue 5/20)
Latvia
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Trademark Law Changed


The Latvian Parliament adopted the new Trademark Law which replaced the existing Law on Trademarks and Geographical Indications on March 6, 2020. The new law contains revisions whose aim is to transfer the provisions of EU Trade Mark Directive 2015/2436.

Important changes are the following:
- No requirement of graphic mark representation.
- New trademark types such as multimedia, holographic and position marks
- Registration of a certification mark will be possible
- Proprietors of earlier rights will be entitled to prohibit use of identical or confusingly similar marks by other persons, whether in the course of trade or business.
- Trademark owners may be association of persons, natural persons and legal entities.
- Rightsholders will have exclusive rights to goods that are not released for free circulation.
- The new law in respect of trademarks will provide exclusive property rights, which allow trademarks to be expropriated, mortgaged or otherwise privately traded or enforced.
- The period for filing a reply to opposition in case of a contested international mark will be reduced from 3 to 2 months.
- Revocation and cancellation actions will be carried out by the Industrial Property Board of Appeal instead of the court.
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights will be reflected more thoroughly.
- Regulations on geographical indications will remain as a part of the Latvian Trademark Law.
- Clearer regulation on the right to prevent others from using a trademark in domain names.

For more information, please click here

Source: www.petpat.lv