Trademark registration in Latvia is a crucial step for businesses seeking to establish a strong brand presence and protect their intellectual property rights in the Baltic market. Latvia is located in Northeastern Europe, Latvia is the gateway to trade between the EU, Russia and Asia. Latvia has a free and developed Riga Seaport, which connects Latvia with major markets around the world. Latvia has many potential industries for economic development such as woodworking industry and furniture production are Latvia’s strengths, the information and communication technology (ICT) industry is developing strongly, Latvian tourism attracts tourists by its beautiful natural landscape and rich cultural heritage. Latvia is also a member of the EU, giving Latvian businesses access to the European single market of more than 450 million people. The Latvian government has many preferential policies for investors such as tax incentives and financial support for foreign investors. The Special Economic Area (SEZ) has many incentives to attract investment in the high-tech, manufacturing and service sectors. Therefore, more and more businesses invest in Latvia, in order to distinguish their brands from other competitors, businesses need to pay attention to trademark registration procedures in Latvia. Viet An Law Firm would like to guide customers preliminarily through the procedure for trademark registration in Latvia through the article below.
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Legal basis
Trademark Law (amended on March 7, 2023)
General overview of “trademarks” in Latvia
Definition of “trademark”
A trademark is defined as: “A sign used to distinguish the goods or services of one business from those of other businesses.”
This means
A trademark is a recognizable symbol, design, or phrase that helps consumers identify the origin of a particular product or service and distinguish them from competitors.
Latvian law also clarifies that “trademarks” include “service marks” and “collective marks.”
Types of trademarks registered in Latvia
Traditional brands
Words: Brand name, slogan, or creative wording (e.g. “Apple”, “Adidas”)
Logos and designs: Specific icons, graphics, or designs related to your business’s brand (ex: Nike comma, McDonald’s golden arch logo)
Combination: Combining words and design to create a stronger brand (e.g. Lacoste logo with crocodile and brand name)
Non-traditional trademarks
Color: A distinct color or specific color combination if it is distinct enough (for example, Tiffany blue)
Sounds: Specific sounds, tracks, or sounds associated with a brand (e.g., MGM lion’s roar)
Three-dimensional shape: The unique shape of the product or packaging (e.g. Coca-Cola bottle)
Advanced Branding
Signature hologram: Enhance security or brand recognition
Multimedia branding: Combines various elements such as sound, image, and motion
Conditions for trademark registration in Latvia
Latvia allows the registration of many types of marks as trademarks, provided they meet several main conditions:
Can be represented graphically: Trademarks should be clearly depicted with images so that they can be reviewed and published in the future.
Distinguishability: A trademark must be able to distinguish the goods or services of the enterprise from those of other businesses. General terms or descriptive elements will not qualify.
To register a trademark, the applicant needs to submit a complete dossier, including:
Trademark Registration Request: This is the official form expressing the applicant’s desire to register a trademark.
Applicant identification information: Includes the name, address, nationality of the individual or organization registering the trademark.
Form of trademark: This is the image, logo, sound, or other element that represents the trademark the applicant wishes to register.
List of goods and services: Use the Nice Classification of goods and services to list the categories of goods and services protected by trademarks.
Note: Each application may only claim protection for a single trademark.
Application fee:
The registration fee must be paid within one month from the date of filing of the application (in accordance with Regulation No. 723 of the Cabinet of Ministers of December 15, 2015 “Price list of paid services of the Patent Office”).
If the list of goods and services belongs to different classes, it is necessary to pay an additional fee for each additional class. Below is a table of some projected costs
File an application for registration of a collective mark or certification mark
150.00
Fees for each additional class of goods and services (except one class) in an application for a trademark, collective mark or certification mark
30.00
Fees for registration of a trademark, collective mark or certification mark, including publication of registration and issuance of a Certificate of registration of a trademark, collective mark or certification mark
95.00
Power of attorney:
If the application is submitted through an authorized person, a power of attorney should be attached.
Patent attorneys are allowed to file without a power of attorney.
The original power of attorney must be submitted, and if the power of attorney includes multiple applications, a separate copy should be attached to each application.
How to file for trademark registration in Latvia
To file for trademark protection in Latvia, you can apply by the following filing methods:
Direct filing: You can go directly to the Patent Office of the Republic of Latvia at Raiņa bulvāris 15 Rīga LV-1050 to file the application and related documents.
By Post: You can send your application and all necessary documents via postal service or courier service to the address of the Patent Office of the Republic of Latvia at Raiņa bulvāris 15 Rīga LV-1050.
Trademark registration in Latvia through the European Union (EU) System
The EU trademark provides uniform protection across all member states of the European Union.
The European Union Intellectual Property Office (EUIPO) in Alicante (Spain) is responsible for registration.
The initial term of protection of the EU trademark is ten years. It can be renewed indefinitely according to subsequent ten-year terms.
Regulation (EU) No 2017/1001 of the European Parliament and Council of 14 June 2017 contains all legal provisions relating to EU trademarks.
Trademark registration documents in the European Union (EU)
Application form: The application form is downloadable from the European Union Intellectual Property Office (EUIPO) website. The applicant needs to complete information about the owner, trademark, and list of goods/services.
Brand image: Clear, sharp, fully branded images in JPG or PNG format, up to 2 MB in size.
List of goods/services: A detailed description of the goods/services for which you want to protect your trademark through the Nice classification system.
Registration fee: Basic fee: €850 for each additional class of goods/services the fee will increase by €150
Registration of trademark protection in Latvia through the Madrid System
The Madrid system is a convenient and cost-effective Latvian league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.
Madrid Agreement:
Latvia acceded to the Madrid Agreement on 1 January 1995.
The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.
Madrid Protocol:
Latvia accessed the Madrid Protocol on 5 January 2000.
The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.
Trademark registration dossier under the Madrid System
The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Singles with Latvian designations.
For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:
Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
02 MM2 declarations according to the form of the International Office in English or Latvian;
02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
02 MM18 declarations in English (if the application has a US designation);
Written authorization in Vietnamese (According to the form of Viet An Law Firm);
Documents of payment of fees for international registration of trademarks of Vietnamese origin;
Other relevant documents (if necessary).
Application fees through the Madrid System
The fees include:
Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.
Carry out the search and notify customers in writing of the results of trademark search in Latvia;
Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Latvia on behalf of trademark owners;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Latvia;
Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Latvia.
Receive dispatches, certificates and hand over to customers (if any).
If you want to file a trademark application in Latvia, please contact Viet An Law Firm for the most effective support.
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