The rights to a trademark in Latvia are granted to the person or company that first uses it in this territory. Although registration is not mandatory, in practice it is highly recommended in order to demonstrate clear ownership, prevent future conflicts regarding ownership of the trademark and in order to defend against cases of trademark infringement.
To obtain trademark protection in Latvia, one can register either locally via the Patent Office of the Republic of Latvia (LRPV), or regionally by filing a European Union Trademarks (EUTM) which grants protection in the whole European Union.
Latvia is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.
Prior use of the trademark in Latvia is not necessary at the moment of filing or to obtain the registration of the trademark.
If you register a combined trademark (which includes both word elements and figurative elements) in Latvia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Opposition actions may be filed by third parties against trademark applications during a period of three months following the publication of an application filed locally or four months following the publication of an international trademark (filed via the Madrid system). The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for periods of five years or it will become vulnerable to cancellation actions based on lack of use of the trademark. The amount of use must be on a commercial scale.
Registered trademarks in Latvia have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as twelve (12) months before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.