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Law amending Trademark Law.

Country/Territory
Latvia
Document type
Legislation
Date
2023
Source
FAO, FAOLEX
Subject
Food & nutrition
Keyword
Intellectual property rights/patents Registration Offences/penalties Legal proceedings/administrative proceedings
Geographical area
Europe, Europe and Central Asia, European Union Countries, Northern Europe
Abstract

Article 61 shall be amended to add the following wording: “Trademark registration may be declared invalid on the day of registration, if the trademark does not comply with the provisions of Article 4 of this Law or if at the time when the application for declaring the trademark registration invalid is submitted to the Industrial Property Appeals Council or a claim is submitted to the court, there is a basis for recognizing a trademark as invalid, provided for in Articles 6, 7, 8, 9 or 10 of this law." Article 62 shall be supplemented with wording establishing that if the Industrial Property Appeal Board has received an application for the recognition of trademark registration as invalid and it becomes aware that a case has been initiated in court in a dispute between the same parties to the case on the same subject matter and on the same basis in connection with the recognition of trademark registration invalid, the Industrial Property Appeal Board suspends the filing of the application until the final decision of the court in this case enters into force. Article 63 shall be supplemented with the wording establishing that if an application to the Industrial Property Appeal Board for the cancellation of the trademark registration, which is based on the actual non-use of the trademark, is submitted as a counter-submission in the case of objection to the trademark registration or in the case of declaring the trademark registration invalid, the Industrial Property Appeal Board shall take into account a period of five years of non-use, before an objection submission or a submission to declare the trademark registration invalid. Article 71 shall be supplemented with the wording stating that an interested person can submit an application to the Industrial Property Appeals Council for the declaration of invalidity or cancellation of a collective mark or a claim to the court for the cancellation or declaration of invalidity of the registration of a collective mark. Article 78 shall be supplemented with the wording ensuring that any person may submit an application to the Industrial Property Appeal Board or a claim to the court for the cancellation or invalidation of the registration of the certification mark.

Full text
Latvian
Website
www.likumi.lv

References - Legislation

Amends

Trademark Law.

Legislation | Latvia | 2020

Keyword: Basic legislation, Viticulture/oenological practices, Intellectual property rights/patents, Traceability/product tracing, Fraud, Certification, Packaging/labelling, Transport/storage, Registration, Consumer protection, Authorization/permit, Contract/agreement, Offences/penalties, Legal proceedings/administrative proceedings, Food quality control/food safety

Source: FAO, FAOLEX