Publication:
Latvijas Vēstnesis
, 37,
21.02.2020.
OP number: 
2020/37.1
Issuer: 
Saeima
Type: 
law
Adoption: 
06.02.2020.
Entry into force: 
06.03.2020.
Text consolidated by Valsts valodas centrs (State 
Language Centre) with amending laws of:
9 February 2023 [shall come 
into force on 7 March 2023].
If a whole or part of a section has been amended, the 
date of the amending law appears in square brackets at 
the end
of the section. If a whole section, paragraph or 
clause has been deleted, the date of the deletion appears 
in square
brackets beside the deleted section, paragraph 
or clause.
The 
Saeima
 
1
 has adopted and
the President has proclaimed the following law:
Trade Mark Law
Chapter I
General Provisions
Section 1. Terms Used in this 
Law
The following terms are used in this Law:
1) 
European Union Intellectual Property Office, European 
Union Office
 - a European Union agency that
registers 
European Union trade marks and Community designs, and also 
performs other functions related to the
protection of 
intellectual property in the European Union in accordance with 
Regulation (EU) 2017/1001 of the
European Parliament and of the 
Council of 14 June 2017 on the European Union trade mark 
(hereinafter - Regulation
(EU) 2017/1001), and other legal acts 
of the European Union;
2) 
European Union trade mark
 - a trade mark registered 
in respect of the European Union in accordance with
Regulation 
(EU) 2017/1001 or in accordance with the former European Union 
framework for the Community trade
marks;
3) 
indication of geographical origin
 - a geographic 
name or other indication or sign used to indicate, directly or
indirectly, the geographical origin of goods or services, 
including indications of the characteristics or features thereof,
which are attributable to this origin;
2
4) 
collective mark
 - a trade mark which is used by 
bodies, associations of manufacturing, trade, or service
merchants and performers of economic activity, or similar 
organisations for the designation or distinguishing of goods
or 
services;
5) 
Paris Convention
 - the Paris Convention for the 
Protection of Industrial Property of 20 March 1883;
6) 
Paris Union
 - Union of the Countries Members of the 
Paris Convention;
7) 
International Classification of Goods and Services
 
(hereinafter - the Nice Classification) - a classification
established by the Nice Agreement Concerning the International 
Classification of Goods and Services for the
Purposes of the 
Registration of Marks of 15 June 1957;
8) 
trade mark
 - a sign which is used in order to 
distinguish the goods or services of a person from the goods or
services of another person;
9) 
proprietor of the trade mark
 - a person who has the 
right to a trade mark and who has been included in the
data of 
the Register of Trade Marks as the holder of this right;
10) 
applicant for a trade mark
 - a person who submits 
an application for the registration of a trade mark,
qualifying 
to become the proprietor of the trade mark;
11) 
international registration of a trade mark
 - 
registration of a trade mark which is performed in accordance 
with
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/
36the Madrid Agreement concerning the International 
Registration of Marks of 14 April 1891 or in accordance with the
Protocol relating to the Madrid Agreement concerning the 
International Registration of Marks, adopted on 27 June
1989;
12) 
International Bureau
 - the International Bureau of 
the World Intellectual Property Organisation that performs
the 
international registration of trade marks and maintains the 
International Register of Marks;
13) 
TRIPS Agreement
 - the Agreement on Trade-related 
Aspects of Intellectual Property Rights of 15 April 1994
(Annex 
1C of the Marrakesh Agreement Establishing the World Trade 
Organization).
Section 2. Purpose and Scope of the 
Application of This Law
(1) The purpose of the Law is to ensure legal protection for 
the rights to a trade mark, a certification mark, and an
indication of geographical origin.
(2) The Law shall govern the legal relationship in the fields 
of registration and protection of trade marks, collective
marks, 
and certification marks, and also of protection of indications of 
geographical origin.
(3) In addition to the provisions of this Law, other laws and 
regulations shall also govern the use of trade marks,
collective 
marks, certification marks, and indications of geographical 
origin. General framework which applies to the
registration and 
post-registration procedures at the Patent Office shall be 
determined by the Law on Industrial Property
Institutions and 
Procedures.
Section 3. Principles of 
Territoriality and Priority
(1) The rights related to a trade mark shall be protected in 
conformity with the principles of territoriality and 
priority.
(2) Upon registering a trade mark, the proprietor of the trade 
mark shall acquire the exclusive rights to the trade
mark applied 
for registration in the jurisdiction in which or in respect of 
which the registration of the trade mark is
performed (the 
principle of territoriality).
(3) Upon comparing the rights to a trade mark mutually or with 
other rights that may be placed in opposition to the
registration 
of the trade mark, it shall be taken into account which of these 
rights are earlier (the principle of priority).
Proof of the 
priority shall be the obligation of the former holder of 
rights.
Chapter II
Trade Marks and Restrictions on the Registration Thereof
Section 4. Sign which May Form a 
Trade Mark
(1) A trade mark may be formed by a sign which conforms to the 
following requirements:
1) it has a distinctive character - such set of 
characteristics which ensures that consumers of the relevant 
goods
or services are able to distinguish the goods or services 
marked with this trade mark from those of another origin. The
distinctive character of the sign shall depend on the nature of 
the sign, the nature of the relevant goods or services,
the 
specialities of the field of economic activity, and also the 
perception by a consumer of such goods or services;
2) it may be represented in the Register of Trade Marks in a 
manner which enables clear and unambiguous
determination of the 
subject-matter of the protection granted to the proprietor of the 
trade mark.
(2) A trade mark may in particular be the following type of 
sign:
1) a verbal mark if it consists exclusively of words or 
letters, numerals, or other standard typographic characters or
their combination;
2) a figurative mark if non-standard characters, a special 
stylisation or layout, or a graphic feature or colour is used
therein. This category shall include marks consisting exclusively 
of graphic features and marks consisting of both
verbal and 
graphic features;
3) a shape mark if it consists of spatial dimension, shape of 
a product or its packaging, or contains such an
object;
4) a position mark if it consists of the specific way in which 
it is placed on goods or affixed thereon;
5) a pattern mark if it consists exclusively of elements which 
are repeated regularly;
6) a colour mark if it consists exclusively of a single 
specific colour without contours (colour in itself) or of a
combination of colours without contours;
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367) a sound mark if it consists of a specific sound or a 
combination of sounds;
8) a motion mark if it consists of a movement or change in the 
position of its elements or contains such elements;
9) a multimedial mark if it consists of the combination of an 
image and sound or contains such elements;
10) a hologram mark if it consists of elements with 
holographic characteristics.
Section 5. Refusal or Invalidation 
of Registration of a Trade Mark
(1) Registration of a trade mark may be refused or invalidated 
on the basis of absolute or relative grounds.
(2) Absolute grounds for refusal or invalidation of a trade 
mark shall protect public, national, and international
interests 
and shall be applicable irrespective of legal interest and 
initiative of other persons.
(3) Relative grounds for refusal or invalidation of a trade 
mark shall protect the rights and legal interests of other
persons and shall be applicable upon request of the interested 
persons, except for the cases specifically indicated in
this 
Law.
Section 6. Absolute Grounds for 
Refusal or Invalidation of Registration of a Trade Mark
(1) A trade mark shall not be registered, but if it has been 
registered, this registration shall be invalidated if the sign
applied for the registration:
1) does not conform to the requirements of Section 4, 
Paragraph one, Clause 2 of this Law;
2) is devoid of any distinctive character in respect to the 
goods or services applied for;
3) consists exclusively of signs or indications which may be 
used in economic circulation in order to designate the
kind, 
quality, quantity, intended purpose (functional task), value, 
geographical origin of the relevant goods or services,
the time 
of production of the goods or of provision of the services, or 
other characteristics of the goods or services;
4) consists exclusively of signs or indications (general 
designations) which have become customary in the
everyday 
language, everyday use, or in the bona fide and established 
practices of the economic activity in respect of
the goods or 
services applied for;
5) consists exclusively of the shape or other characteristics 
of goods which:
a) result directly from the nature of the relevant goods;
b) are necessary to obtain a technical effect;
c) give substantial value to the goods;
6) is in contradiction to public order or generally accepted 
principles of morality;
7) deceives or might deceive consumers regarding, for 
instance, the nature, quality, or geographical origin of the
goods or services;
8) contains a sign the registration of which is to be refused 
or invalidated in accordance with Article 6
ter
 of the
Paris Convention, including contains, without a proper 
authorisation, an escutcheon, a flag, an official hallmark, a
control or guarantee mark of a member state of the Paris Union, 
or also an emblem, flag, name or its abbreviation of
an 
international organisation;
9) contains, without a proper authorisation, a symbol, an 
emblem, or a heraldic element important for the public, an
image 
of a State award or official Service insignia, or also an 
official sign for control, quality, guarantee, or safety of
using 
goods which is used in Latvia or the European Union in respect of 
the same or similar goods or services;
10) contains another sign of high symbolic value, including a 
religious symbol, if it is important for the Latvian
society;
11) may not be registered as a trade mark in accordance with a 
legal act of the European Union or Latvia or an
international 
agreement to which the European Union or Latvia is a party, 
providing for the protection of designations
of origin and 
geographical indications;
12) may not be registered as a trade mark in accordance with a 
legal act of the European Union or an international
agreement to 
which the European Union or Latvia is a party, providing for the 
protection of traditional terms for wine;
13) may not be registered as a trade mark in accordance with a 
legal act of the European Union or an international
agreement to 
which the European Union or Latvia is a party, providing for the 
protection of traditional specialities
guaranteed;
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3614) consists of, or reproduces in its essential elements, an 
earlier plant variety denomination registered in
accordance with 
a legal act of the European Union or Latvia regarding the 
protection of plant varieties, or protected by
an international 
agreement to which the European Union or Latvia is a party, if 
the protection of the trade mark applied
for refers to a plant 
variety of the same or closely related species.
(2) A trade mark shall not be registered, but if it has been 
registered, this registration may be invalidated also if an
applicant for a trade mark (proprietor of the trade mark) does 
not conform to the requirements of Section 13 of this
Law.
(3) A trade mark shall not be registered, but if it has been 
registered, this registration may be invalidated also if an
application for registration has been submitted in bad faith.
(4) Registration of a trade mark may not be refused on the 
basis of Paragraph one, Clause 2, 3, or 4 of this
Section if the 
sign applied for, as a result of the use thereof, has obtained a 
distinctive character in the perception of
the relevant consumers 
in respect of the goods or services applied for registration 
prior to the date of registration of
the trade mark.
(5) Registration of a trade mark may not be invalidated on the 
basis of Paragraph one, Clause 2, 3, or 4 of this
Section if the 
trade mark has obtained a distinctive character prior to the date 
of submitting a relevant submission to
the Industrial Property 
Board of Appeal or of submitting a statement of claim to a 
court.
Section 7. Earlier Trade Mark as 
Relative Grounds for Invalidation of Registration
(1) Registration of a trade mark may be invalidated if:
1) this trade mark is identical to an earlier trade mark of 
another person, and the goods or services in respect of
which it 
has been registered are identical to the goods or services for 
which the earlier trade mark has been registered;
2) in connection with the identity or similarity of this trade 
mark to an earlier trade mark of another person and the
identity 
or similarity of the relevant goods or services, there exists a 
likelihood of confusion of the respective trade
marks or a 
likelihood of association between the trade marks on behalf of 
the relevant consumers.
(2) Within the meaning of Paragraph one of this Section, an 
earlier trade mark shall mean the following:
1) a trade mark which has been registered in Latvia or 
registered in an international registration procedure in
respect 
of Latvia, or a European Union trade mark if the date of the 
application for the registration thereof is earlier
than the date 
of the application for the registration of the contested trade 
mark, taking into account also the priority
claimed reasonably in 
respect of those trade marks;
2) a European Union trade mark the date of the application for 
registration of which is later but the date of seniority
- 
earlier than the date of the application for registration of the 
contested trade mark if the seniority thereof from a trade
mark 
registered in Latvia or from a trade mark registered in an 
international registration procedure in respect of Latvia
has 
been claimed reasonably, even if the registration of the trade 
mark from which the seniority is claimed has been
removed on the 
initiative of the proprietor or due to the expiry of the validity 
period thereof;
3) a trade mark applied for registration and referred to in 
Paragraph two, Clause 1 or 2 of this Section (the
submitted 
application for registration of a trade mark) if it is 
registered.
Section 8. Well-known Trade Mark as 
Absolute and Relative Grounds for Refusal or Invalidation of
Registration
(1) Registration of a trade mark may be refused, but if a 
trade mark has been registered, this registration may be
invalidated if this trade mark constitutes a representation, an 
imitation, a translation, or a transliteration, liable to
create 
confusion, of a trade mark which has been a well-known trade mark 
in Latvia in respect of identical or similar
goods or services, 
prior to the date of the application for registration of the 
trade mark applied for (contested) or the
date of priority if 
priority has been claimed for it reasonably. A well-known trade 
mark need not be registered.
(2) Registration of a trade mark may also be refused or 
invalidated if the goods or services in respect of which
registration of this trade mark has been applied for are not 
similar to the goods or services covered by a well-known
trade 
mark in Latvia, provided that the use of the trade mark applied 
for (contested) in relation to the respective goods
or services 
may be perceived by consumers as an indication of a connection 
between such goods and services and
the proprietor of the 
well-known trade mark, and that such use may be detrimental to 
the interests of the proprietor of
the well-known trade mark.
(3) Upon determining whether a trade mark is well-known, the 
knowledge of this trade mark in the relevant group of
consumers, 
including such knowledge in Latvia which has been obtained as a 
result of advertising of measures or any
other circumstances 
contributing to its fame, shall be taken into account.
(4) When determining in which cases the provisions of 
Paragraphs one and two of this Section are applicable to a
sign 
applied for registration or to a registered trade mark, the 
provisions of Article 6
bis
 of the Paris Convention
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36regarding a well-known trade mark shall be taken into account, 
including the provision which provides for the
prohibition of the 
representation or the imitation of a well-known trade mark in an 
essential part of another trade mark,
and these provisions shall, 
with the necessary changes, also be applicable to service 
marks.
(5) The provisions of Paragraphs one and two of this Section 
regarding refusal of registration during the expert-
examination 
procedure shall not apply if the application for trade mark 
registration has been filed with the consent of
the proprietor of 
the well-known trade mark.
Section 9. Trade Mark with a 
Reputation as Relative Grounds for Invalidation of 
Registration
Registration of a trade mark may be invalidated if the trade 
mark is identical or similar to an earlier and registered
trade 
mark within the meaning of Section 7, Paragraph two of this Law, 
irrespective of whether the goods or services
in respect of which 
the contested trade mark has been registered are identical, 
similar, or not similar to the goods or
services for which the 
earlier trade mark has been registered if the earlier trade mark 
has had a reputation in Latvia or,
in case of a European Union 
trade mark, a reputation in the European Union prior to the date 
of the application for
registration of the contested trade mark 
or the date of priority if priority has been claimed for it 
reasonably, and if a
user of a later trade mark might, without 
valid grounds, take unfair advantage of the distinctive character 
or reputation
of the respective earlier trade mark or be 
detrimental to the distinctive character or reputation of the 
earlier trade mark.
Section 10. Other Earlier Rights as 
Relative Grounds for Invalidation of Registration
(1) Registration of a trade mark may also be invalidated on 
the grounds that another person has acquired any other
rights 
allowing the prohibition of use of this trade mark prior to the 
date of the application for registration of the trade
mark 
applied for (contested) or the date of priority if priority has 
been claimed for it reasonably. Registration may be
contested 
insofar as it is in contradiction to the following rights:
1) rights related to the given name, surname, pseudonym of a 
person well-known to the general public, to a portrait
or 
signature of any person, except for the case where such person 
has been deceased for 50 or more years;
2) copyright;
3) rights related to a company name, a commercial sign of 
goods or services used in an identical or similar field of
economic activity, a name of mass medium or another similar sign, 
if the use of the company name, the commercial
sign of goods or 
services, the name of mass medium, or another similar sign in the 
economic circulation in Latvia has
been commenced legally and in 
good faith prior to the date of the application for registration 
of the trade mark or,
where applicable, the date of priority;
4) rights related to a Latvian or foreign company name, a 
commercial sign, a name of mass medium, or another
similar sign 
which has been well known in Latvia already prior to the date of 
the application for registration of the trade
mark or, where 
applicable, the date of priority, even if they are used in a 
different field of economic activity;
5) rights related to a non-registered trade mark or another 
sign used for distinguishing goods or services, including
with a 
domain name, if the non-registered trade mark, another 
abovementioned sign, or domain name has been used
in good faith 
in economic circulation in Latvia in connection with identical or 
similar goods or services prior to the date
of the application 
for registration of the registered trade mark or, where 
applicable, the date of priority, for the duration
and to the 
extent that the use of the registered trade mark may confuse 
consumers about the origin of the respective
goods or 
services;
6) rights related to an earlier and registered Latvian or 
Community design or non-registered Community design;
7) rights related to a designation of origin and geographical 
indication if the application for registration of such
rights has 
been submitted to the competent authority of the European Union 
prior to the date of the application for
registration of the 
trade mark or, where applicable, the date of priority, provided 
that the designation of origin and
geographical indication has 
been registered or that the designation of origin or geographical 
indication has been
protected in the European Union or Latvia in 
accordance with an international agreement already prior to the
abovementioned date;
8) rights related to a traditional speciality guaranteed or 
traditional term for wine protected in the European Union or
Latvia if the traditional speciality guaranteed or traditional 
term for wine has been applied for protection in the
European 
Union prior to the date of the application for registration of 
the trade mark or, where applicable, the date of
priority, or if 
the traditional speciality guaranteed or traditional term for 
wine has been protected in the European Union
or Latvia in 
accordance with an international agreement already prior to the 
abovementioned date;
9) rights related to a plant variety denomination protected in 
the European Union or Latvia if the plant variety
denomination 
has been applied for protection in the European Union or Latvia 
prior to the date of the application for
registration of the 
trade mark or, where applicable, the date of priority, or if the 
plant variety denomination has been
protected in the European 
Union or Latvia in accordance with an international agreement 
already prior to the
abovementioned date;
10) other earlier and existing intellectual property 
rights.
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36(2) A person who is the proprietor of the trade mark in any of 
the member states of the Paris Union or State parties
to the 
TRIPS Agreement is also entitled to request invalidation of the 
trade mark if an agent or representative of the
proprietor has 
registered this mark in his or her own name in Latvia without an 
authorisation of the proprietor, except
for the case where such 
agent or representative has due cause for his or her action.
Section 11. Restrictions on the 
Invalidation of Registration
(1) The relevant submission to the Industrial Property Board 
of Appeal or a statement of claim to a court regarding
invalidation of registration of a trade mark on the basis of an 
earlier trade mark is not satisfied if it would not be
satisfied 
on the date of the application for registration of a later trade 
mark or, where applicable, the date of priority,
as:
1) the proprietor of the earlier trade mark has not 
demonstrated that his or her trade mark which could have been
invalidated initially in accordance with Section 6, Paragraph 
one, Clause 2, 3, or 4 of this Law had obtained a
distinctive 
character on the relevant date as a result of the use thereof in 
respect of the goods or services applied for
registration;
2) the proprietor of the earlier trade mark relies on Section 
7, Paragraph one, Clause 2 of this Law but has failed to
demonstrate that his or her trade mark had obtained a sufficient 
distinctive character on the relevant date as a result
of the use 
thereof in order to justify the recognition of a likelihood of 
confusion or association between the trade
marks;
3) the proprietor of the earlier trade mark relies on the 
provisions of Section 8 of this Law but has failed to
demonstrate 
that his or her trade mark had become well known in Latvia on the 
relevant date;
4) the proprietor of the earlier trade mark relies on the 
provisions of Section 9 of this Law but has failed to
demonstrate 
that his or her trade mark had acquired a sufficient reputation 
on the relevant date.
(2) A court shall apply Paragraph one, Clauses 1 and 2 of this 
Section after a written reasoned objection of the
proprietor of 
the later trade mark.
Section 12. Restrictions of Rights 
(Forfeiture of Rights) as a Result of Acquiescence
(1) If the holder of the right referred to in Section 7, 8, 9, 
or 10 of this Law has not contested, within five
consecutive 
years in accordance with the procedures laid down in laws and 
regulations, the use of a later trade mark
registered in Latvia 
or in respect of Latvia, although the holder of right has been or 
should have been aware of the use
thereof, he or she is no longer 
entitled, on the basis of his or her earlier rights, to request 
invalidation of the later trade
mark in respect of the goods or 
services for which it has been used, except for the case where 
the later trade mark
has been applied for registration in bad 
faith.
(2) In the case referred to in Paragraph one of this Section 
the proprietor of the later trade mark is not entitled to
object 
to the exercise of earlier rights, even if such earlier rights 
may no longer be directed towards the later trade
mark.
Chapter III
Rights Related to a Trade Mark
Section 13. Subject of the Rights to 
a Trade Mark
The proprietor of the trade mark may be the following:
1) a natural person;
2) a legal person;
3) an association of persons if it is able to acquire rights 
and assume obligations, including to enter into
transactions and 
institute and respond to legal proceedings.
Section 14. Exclusive Rights of the 
Proprietor of the Trade Mark
(1) Without prejudice to earlier rights of other persons 
specified in Sections 7, 8, 9, and 10 of this Law and acquired
in 
good faith and lawfully prior to the date of the application for 
registration of a trade mark or, where applicable, the
date of 
priority, the proprietor of a registered trade mark has exclusive 
rights to prohibit other persons from using any
of the following 
signs in economic circulation:
1) a sign identical to the trade mark in relation to the goods 
or services which are identical to the goods or services
for 
which the trade mark has been registered;
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362) any sign where, because of its identity or similarity to 
the trade mark and the identity or similarity of the goods
or 
services for which the trade mark has been registered and in 
relation to which the abovementioned sign is used,
there exists a 
likelihood of confusion or association between this sign and the 
trade mark on behalf of the relevant
consumers.
(2) In accordance with the provisions of Paragraph one of this 
Section, the following activities in particular may be
prohibited 
in respect of the signs specified therein:
1) use (affixing, attachment) of the signs on the goods or 
their packaging;
2) offering the goods, placing them on the market, or stocking 
them for these purposes in relation to them;
3) offering or supplying services in relation to them;
4) importing or exporting the goods in relation to them;
5) use of the signs in a company name, a commercial sign, or 
another sign used for distinguishing goods or
services on the 
market;
6) use of the signs in a domain name if the relevant website 
is used in relation to the distribution of goods or
provision of 
services;
7) use of the signs in business documents and advertising 
related to the distribution of goods or provision of
services;
8) use of the signs in advertising in a manner which is in 
contradiction to the existing framework for comparative
advertising.
(3) The proprietor of a registered trade mark is entitled to 
prohibit other persons from using also a sign which is
identical 
to the registered trade mark or which in its essential elements 
may not be distinguished from such trade
mark, and which is not 
used directly for distinguishing goods or services on the market 
(labelling of goods,
identification of the origin of goods or 
services) if it is demonstrated that the use of such sign without 
due cause takes
unfair advantage for use of the distinctive 
character or reputation of the registered trade mark or is 
detrimental to the
distinctive character or reputation of the 
registered trade mark.
Section 15. Exclusive Rights to 
Prohibit Preparatory Actions in Respect of the Use of Packaging 
or Other
Means
If there is a risk that packaging, labels, tags, safety or 
authenticity elements or devices, or other means marked
with a 
trade mark will be used in economic circulation in relation to 
goods or services and such use will be in
contradiction to the 
rights of the proprietor of the trade mark referred to in Section 
14, Paragraphs one and two of this
Law, the proprietor of a 
registered trade mark is entitled to prohibit also the following 
actions:
1) mark with a sign which is identical or similar to a trade 
mark, the packaging, labels, tags, safety or authenticity
elements or devices, or any other means that can be marked with a 
trade mark;
2) offer, place on the market, store for such purposes, import 
or export the packaging, labels, tags, safety or
authenticity 
elements or devices, or any other means that can be marked with 
such a sign.
Section 16. Exclusive Rights in 
Respect of the Goods not Released for Free Circulation
(1) Without prejudice to earlier rights of other persons 
specified in Sections 7, 8, 9, and 10 of this Law and acquired
prior to the date of the application for registration of a trade 
mark or the date of priority if the priority has been claimed
reasonably, the proprietor of a registered trade mark has the 
right to prohibit other persons from importing also goods
in 
economic circulation in Latvia not released for free circulation 
if such goods, including their packaging, have been
imported from 
third countries and have been marked, without an authorisation of 
the proprietor of the trade mark, with
a sign which is identical 
to a trade mark that has been registered for the goods of the 
same kind, or which in its
essential elements may not be 
distinguished from such trade mark.
(2) The rights of the proprietor of a trade mark in accordance 
with Paragraph one of this Section shall not be
applicable if in 
a procedure in which it is established whether the goods are 
counterfeit and which has been initiated in
accordance with 
Regulation (EU) No 608/2013 of the European Parliament and of the 
Council of 12 June 2013
concerning customs enforcement of 
intellectual property rights and repealing Council Regulation 
(EC) No 1383/2003
the declarant or the holder of the goods 
provides evidence that the proprietor of the trade mark does not 
have the right
to prohibit the placing of these goods on the 
market in the country of destination thereof.
Section 17. Entry into Effect of the 
Exclusive Rights
Exclusive rights of the proprietor of the trade mark in 
respect of other persons shall enter into effect on the day
when 
an official notice regarding registration of the trade mark is 
published in the official gazette of the Patent Office.
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36Section 18. Exclusive Rights of the 
Proprietor of the Trade Mark with a Reputation
(1) In addition to the rights specified in Section 14 of this 
Law, the proprietor of the trade mark with a reputation in
Latvia 
also has the right to prohibit other persons from using in 
economic circulation any sign identical to or
confusingly similar 
to the trade mark, irrespective of whether it is used in relation 
to the goods or services which are
identical, similar, or not 
similar to the goods and services for which an earlier trade mark 
has been registered if the
use of such sign without due cause 
takes unfair advantages for use of the distinctive character or 
reputation of the
trademark or is detrimental to the distinctive 
character or reputation of the trade mark.
(2) The right provided for in Paragraph one of this Section 
which provides for a possibility to take action against the
use 
of signs in relation to the goods or services which are not 
similar to the goods or services for which a trade mark
with a 
reputation has been registered may not be turned by the 
proprietor of this trade mark against rights of other
persons 
acquired in good faith and lawfully prior to his or her trade 
mark had acquired a relevant reputation.
Section 19. Exclusive Rights of the 
Proprietor of a Well-known Trade Mark
(1) The proprietor of the trade mark well known in Latvia has 
the right to prohibit other persons from using in
economic 
circulation any sign which constitutes a representation, an 
imitation, a translation or a transliteration, liable
to create 
confusion, of a well-known trade mark in relation to the goods or 
services which are identical or similar to the
goods or services 
covered by the well-known trade mark.
(2) The proprietor of the trade mark well known in Latvia has 
the right to prohibit other persons from using in
economic 
circulation a sign which constitutes a representation, an 
imitation, a translation or a transliteration of a well-
known 
trade mark also in relation to the goods or services which are 
not similar to the goods or services covered by
the well-known 
trade mark if consumers may perceive the use of the respective 
indication as an indication of a
connection between such goods 
and services and the proprietor of the well-known trade mark and 
such use may be
detrimental to the interests of the proprietor of 
the well-known trade mark.
(3) The proprietor of a well-known trade mark may not turn the 
rights provided for in Paragraph two of this Section
against 
rights of other persons acquired in good faith and lawfully prior 
to his or her trade mark had become well
known in Latvia.
Section 20. Representation of a 
Trade Mark in Reference Works
(1) If representation of a registered and valid trade mark in 
a dictionary, an encyclopaedia, or another printed or
electronic 
reference work gives the impression that it constitutes a generic 
name (general term) in respect of the
goods or services for which 
the trade mark has been registered, the publisher of the 
reference work shall, upon
request of the proprietor of the trade 
mark, ensure that the representation of the trade mark in an 
electronic reference
work is immediately but in a printed 
material - not later than in the next edition of the reference 
work - accompanied by
an annotation that it is a registered trade 
mark.
(2) If the publisher fails to add the abovementioned 
annotation within the time period specified in Paragraph one of
this Section, he or she may be recognised as a person whose 
services are used in order to infringe rights to a trade
mark.
Section 21. Alerting to Rights to a 
Trade Mark
(1) The proprietor of the trade mark has the right to place, 
next to a valid and registered trade mark, a sign
consisting of 
an encircled letter "R" or text which alerts to the registration 
of the trade mark.
(2) It shall not be acceptable to add the sign referred to in 
Paragraph one of this Section to a trade mark which has
not been 
registered in Latvia or outside it.
(3) If the proprietor of the trade mark has grounds to believe 
that a person infringes or is about to infringe his or
rights, 
the proprietor of the trade mark is entitled to alert this person 
to the infringement or potential infringement.
Section 22. Trade Mark Registered in 
the Name of an Agent or Representative of the Proprietor
(1) If a trade mark has been registered by an agent or 
representative of the proprietor in his or her own name
without 
an authorisation of the proprietor, the proprietor of the trade 
mark is entitled to:
1) prohibit his or her agent or representative from using the 
trade mark;
2) request that the trade mark is transferred exclusively to 
him or her.
(2) Paragraph one of this Section shall not be applicable if 
an agent or representative has due cause for his or her
action.
Section 23. Non-registered Trade 
Mark
(1) Non-registered trade marks may be used in economic 
circulation.
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36(2) A person who uses a non-registered trade mark has the 
following rights for the purposes of the protection
thereof:
1) to contest the registration of the trade mark of another 
person in accordance with Section 10, Paragraph one,
Clause 5 of 
this Law;
2) to refer to the rights of the proprietor of a well-known 
trade mark if there is evidence that the trade mark is well
known 
in Latvia.
Section 24. Restrictions of the 
Rights to a Trade Mark
(1) The proprietor of the trade mark is not entitled to 
prohibit another person from using the following information or
signs in economic circulation:
1) the given name, surname, and address of such person;
2) the signs or indications which do not have a distinctive 
character;
3) the information and indications on the type, quality, 
quantity, intended purpose (functional task), value,
geographical 
origin of the goods or services of this person, time of 
production of goods or provision of services, or
other 
characteristics of goods or services;
4) the trade mark in order to identify the goods or services 
which belong to the proprietor of the abovementioned
trade mark 
or to indicate to them, in particular where the use of the trade 
mark is necessary to specify the intended
purpose of a product or 
service, in particular in the form of accessories or spare 
parts.
(2) Restrictions of the rights to a trade mark shall be 
applicable if the use of the relevant information or signs
corresponds to fair practice of economic activity.
Section 25. Exhaustion of the 
Rights
(1) The proprietor of the trade mark is not entitled to 
prohibit the use of his or her trade mark in relation to the
goods which have been placed on the market in the European 
Economic Area under that trade mark by the proprietor
of the 
trade mark himself or herself or by another person with the 
consent of the proprietor.
(2) The provisions of Paragraph one of this Section shall not 
be applicable if the proprietor of the trade mark has
reasonable 
grounds not to accept further circulation of the abovementioned 
goods for profit-making purposes, in
particular if the quality of 
such goods has changed after placing them on the market or the 
goods are damaged, or the
reseller gives the impression that he 
or she and the proprietor of the trade mark are economically 
linked or if the use
of the trade mark is seriously detrimental 
to the reputation thereof.
Section 26. Restrictions of Rights 
in Relation to the Non-use of a Trade Mark
(1) If, within five years from the day the registration 
procedure for a trade mark is completed, the proprietor of this
trade mark has not commenced the actual use thereof in relation 
to the goods or services for which it has been
registered, or if 
during validity of registration such use has been suspended for 
at least a period of five consecutive
years, the sanctions and 
restrictions provided for in Section 43, Paragraph five, Section 
61, Paragraph five, and
Section 63 of this Law shall be 
applicable to the trade mark, unless this non-use has had due 
cause.
(2) A five-year period after the day the registration 
procedure is completed shall be calculated from the day when a
notice of opposition may no longer be submitted against the 
relevant trade mark or, where a notice of opposition has
been 
received, from the day when a decision to terminate an opposition 
procedure has entered into effect or when a
notice of opposition 
has been withdrawn.
(3) The proprietor of the trade mark has the right to prohibit 
other persons from using specific signs in economic
circulation 
only if, on the day when a claim is submitted for the elimination 
of an infringement of the rights to the trade
mark, there are no 
grounds to revoke registration of the trade mark due to actual 
non-use of the trade mark. If such
another person raises a 
reasoned written objection against the rights of the proprietor 
of the trade mark, then he or she
shall bear the burden of 
proving that the trade mark has actually been used during the 
five-year period prior to the day
the claim has been submitted in 
relation to the goods or services for which it has been 
registered and to which a
reference is made in the claim, or that 
there is due cause for non-use of the trade mark but taking into 
account a
condition that on the day of bringing the claim the 
registration procedure for the trade mark has been completed at
least five years ago.
(4) The use of a trade mark on goods, their packaging, 
documentation accompanying goods or services, in the
offer, 
advertising, and other economic circulation of goods or services 
the purpose of which is to gain or maintain a
specific market 
position for the relevant goods or services shall be considered 
actual use of a trade mark.
(5) The following activities shall also be considered actual 
use of a trade mark:
9
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361) the use of a trade mark which differs in individual 
non-essential elements from a registered trade mark if the
changes accepted in the form of the mark does not affect the 
different nature and the distinctive character of the trade
mark, 
irrespective of whether the relevant trade mark has also been 
registered in the name of this proprietor in such
form as it is 
used;
2) the use of a trade mark in Latvia only on goods intended 
for export or their packaging.
(6) Upon assessing restrictions of rights resulting from the 
non-use of a trade mark, it shall be considered that a
trade mark 
is used by its proprietor also if the trade mark is used by 
another person with the consent of the proprietor
of the trade 
mark.
Chapter IV
Rights to a Trade Mark as an Object of Property
Section 27. Nature of the Rights to 
a Trade Mark
(1) Rights to a trade mark on the basis of registration or an 
application for registration shall constitute exclusive
economic 
rights which, in terms of the legal regime, shall be comparable 
to movable property within the meaning of
the Civil Law. They may 
be alienated, pledged, or otherwise included in the circulation 
in the private sector, and
recovery may be directed towards them, 
taking into account the restrictions specified in this Law and 
other laws and
regulations.
(2) Rights to a trade mark may concurrently be owned also by 
two or more persons - in the amount of a specific
undivided share 
for each. The provisions of the Civil Law for joint property 
shall be applicable, with any necessary
changes, to the rights to 
a trade mark jointly owned by two or more persons insofar as it 
is not laid down otherwise in
this Law. If any of such persons 
alienates his or her undivided share for the benefit of a third 
party, the rest of the
entitled persons have the right of first 
refusal but, if it has not been possible to exercise them due to 
the fault of the
seller, the right of pre-emption to which 
provisions of the Civil Law for pre-emption shall be applicable 
respectively.
The time period for the exercise of the right of 
first refusal shall be one month from the date when a notice 
regarding
sale of a share is sent to all entitled persons.
(3) If the legal protection proceedings or insolvency 
proceedings have been declared in respect of the proprietor of
the trade mark, and also if the right to a registered trade mark 
has been seized by an act of the competent authority or
official 
or recovery is directed towards it, the Patent Office shall, upon 
receipt of a court ruling or a submission of a
responsible 
official, make a relevant note in the Register of Trade Marks of 
the Patent Office (hereinafter - the
Register). Information on 
the note made shall be notified in writing to the applicant and 
published in the official gazette
of the Patent Office.
(4) If the legal protection proceedings or insolvency 
proceedings have been declared in respect of the applicant for
a 
trade mark during the period when the trade mark has not been 
registered yet, a court ruling or a submission of a
responsible 
official shall be retained on the file of the application for 
registration and information on it shall be included
in the 
database of trade marks and published on the website of the 
Patent Office. If the legal protection proceedings
or insolvency 
proceedings continue also in the period after registration of the 
trade mark, information on it shall be
included in the Register 
and published officially concurrently with the registration or as 
soon as possible thereafter.
(5) Rights to a trade mark registered with the Patent Office 
in accordance with the procedures for the national
procedure 
shall be pledged in accordance with the provisions of the 
Commercial Pledge Law. The interested person
shall pay the fee 
for making an entry of the commercial pledge note in the 
Register. The Patent Office shall record a
commercial pledge note 
on the basis of a notification of the holder of the register of 
commercial pledges. Information
on the note made shall be 
notified to the proprietor of the trade mark and published in the 
official gazette of the Patent
Office.
Section 28. Transfer of the Rights 
to a Trade Mark
(1) Rights to a trade mark may be transferred, including 
assigned to another person, in respect of the whole list of
goods 
or services for which the trade mark has been registered or part 
thereof together with an enterprise or a part
thereof that used 
this trade mark, or independently of this undertaking.
(2) If an enterprise or a part thereof is transferred to 
another person, rights to a trade mark which is directly related
to the operation of this enterprise or a part thereof shall be 
considered transferred together with the enterprise or a part
thereof, unless otherwise specified upon agreement of the parties 
or unless circumstances clearly stipulate otherwise.
(3) Upon receipt of a relevant submission, a document 
attesting to the transfer of rights and the stipulated fee, the
Patent Office shall include in the Register and publish in its 
official gazette the information on the change in the
proprietor 
of a registered trade mark, and also send a notice of the entry 
made in the Register to the current and
former proprietors.
(4) If the change in the proprietor of the trade mark does not 
refer to the whole list of goods and services for which
10
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36the trade 
mark has been registered, the Patent Office shall divide this 
registration by applying the provisions of
Section 44 of this Law 
for the necessary changes and creating new registration for the 
goods and services the
proprietor of which has changed.
(5) The acquirer of a trade mark as a proprietor may exercise 
the rights to a trade mark starting from the day when
the 
information on the change in the proprietor has been included in 
the Register. The acquirer of the trade mark may
exercise 
exclusive rights arising from the registration of the trade mark 
against other persons starting from the day
when the information 
on the change in the proprietor has been published in the 
official gazette of the Patent Office.
(6) If an application for registration is transferred to 
another person, prior the Patent Office has taken a decision to
register the relevant trade mark, then the Patent Office shall, 
upon receipt of a relevant submission, a document
attesting to 
the transfer of rights and the stipulated fee, regard the change 
in the applicant for a trade mark as an
amendment to the 
application for registration within the meaning of the relevant 
provisions of Section 38 of this Law
and continue examination of 
the application for registration in respect of the new applicant. 
Information on the transfer
of rights shall be included in the 
database of trade marks and published on the website of the 
Patent Office.
(7) If the transfer of an application for registration (change 
in the applicant for a trade mark) does not refer to all
goods 
and services for which the trade mark has been applied for, the 
Patent Office shall divide this application by
applying the 
provisions of Section 39 of this Law with the necessary changes 
and creating a new application for
registration for the goods and 
services in respect of which the applicant for a trade mark has 
changed.
(8) The Cabinet shall determine the procedures for examining 
and registering the transfer of registration of a trade
mark and 
of an application for registration with the Patent Office.
Section 29. Licensing of a Trade 
Mark
(1) The proprietor of the trade mark has the right to grant to 
another person under a licensing agreement his or her
rights to 
use the trade mark in respect of the whole list of goods or 
services for which the trade mark has been
registered or a part 
thereof. According to the nature of the licensing agreement (an 
exclusive or non-exclusive
licence), the person granting the 
rights to the trade mark (the licensor) and the person receiving 
the rights (the
licensee) shall both assume certain rights and 
obligations.
(2) A licence shall be recognised an exclusive licence if the 
licensee is the only one who obtains the right to use a
trade 
mark according to the terms and conditions of a licensing 
agreement, but the licensor reserves the right to use
the trade 
mark insofar as this right has not been transferred to the 
licensee.
(3) A licence shall be recognised a non-exclusive license if 
the licensor, when granting the right to use a trade
mark to 
another person, reserves the right to use this trade mark, and 
also the right to grant a licence for the use of
the same trade 
mark to third persons.
(4) The licence granted may not be transferred to third 
persons, and the licensee is not entitled to issue a sub-
licence, 
unless it is provided for otherwise in the licensing 
agreement.
(5) Upon receipt of a submission of the licensor or licensee, 
a document attesting to the information to be included
in the 
Register, and payment of the stipulated fee, the Patent Office 
shall enter the information on the licensing
agreement of a 
registered trade mark in the Register and publish in its official 
gazette of the Patent Office, and also
send to the licensor and 
licensee a notice regarding the entry made in the Register. 
Information on expiry of the
licensing agreement or amendments to 
the licensing agreement shall also be included in the Register 
and published in
accordance with these procedures.
(6) In accordance with the procedures laid down in Paragraph 
five of this Section, the Patent Office shall also
examine a 
licensing agreement that refers to a trade mark which has not 
been registered yet. A submission and the
licensing agreement 
shall be retained on the file of the application for 
registration, and information on this shall be
published in the 
database of trade marks. If the licensing agreement also refers 
to a period after registration of the
trade mark, information on 
it shall be included in the Register and published concurrently 
with the registration or as
soon as possible thereafter.
(7) The proprietor of the trade mark is entitled to exercise 
his or her exclusive rights against a licensee who
violates terms 
and conditions of the licensing agreement in respect of the 
following:
1) the term of validity of the licence;
2) the form in which the trade mark may be used in accordance 
with the registration;
3) the list and nature of the goods and services for which the 
licence is granted;
4) the territory in which the trade mark is authorised to be 
used;
5) the quality of the goods manufactured or of the services 
provided by the licensee.
11
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36(8) If registration of a trade mark or an application for 
registration is transferred to another person, the acquirer of
the rights to a trade mark shall only be bound by a licence 
granted previously which has been registered with the
Patent 
Office and the validity of which has not expired according to the 
data available to the Patent Office. But if a
person brings a 
claim before a court for the transfer of registration of the 
trade mark to him or her, this person may
request that the 
licence granted previously is invalidated, insofar as it imposes 
unreasonable obligations upon the
successor thereof.
(9) If the information on a licensing agreement has not been 
included in the Register or published, it may not
constitute 
grounds for contesting validity of registration a trade mark in 
accordance with the provisions of Section 61
or 63 of this Law or 
for imposing the restrictions specified in Section 26 of this Law 
in relation to non-use of the trade
mark, or for objecting to the 
right of a licensee to intervene provided for in Section 51, 
Paragraph three of this Law if a
claim is brought before a court 
for breach of a trade mark by the proprietor of the trade mark, 
or to the right of a
licensee to receive compensation for losses 
incurred by him or her in relation to unlawful use of the 
licensed trade
mark.
(10) The fact that the licensee has failed to indicate on 
goods or packaging thereof, in respect of the services
provided 
or in advertising which refers to these goods or services that 
the trade mark is used under a licence, or has
indicated it 
inaccurately may not constitute grounds for contesting the 
validity of registration of the trade mark,
application of 
Section 26, Paragraph six of this Law, and the right of the 
licensee referred to in Paragraph nine of this
Section.
(11) The Cabinet shall determine the procedures by which the 
Patent Office shall examine and register licensing
agreements, 
amendments thereto, and termination of licensing agreements.
Chapter V
Procedures for Trade Mark Registration
Section 30. Application for 
Registration
(1) A person who wishes to register a trade mark in Latvia 
shall submit to the Patent Office a written application for
registration of a trade mark (hereinafter - the application for 
registration).
(2) The application for registration shall include the 
following:
1) a petition to register a trade mark;
2) information which allows to identify clearly the applicant 
for a trade mark and contact him or her;
3) a representation of the sign applied for registration in 
accordance with the requirements of Section 4, Paragraph
one, 
Clause 2 of this Law;
4) a list of such goods and services for which the 
registration of the trade mark has been requested.
(3) Registration of only one trade mark may be requested in 
one application for registration.
(4) The application for registration shall be submitted and 
all registration procedures and correspondence related to
the 
trade mark shall be handled in the Latvian language. Documents in 
a foreign language shall be submitted together
with a translation 
into the Latvian language certified in accordance with the 
prescribed procedures.
(5) The application for registration shall indicate the type 
of the sign applied for in accordance with the provisions
of 
Section 4, Paragraph two of this Law. The application for 
registration may also include a short description of the
sign, a 
translation of a verbal mark which is in a foreign language, and 
any other explanations about the sign applied
for which are 
considered necessary by the applicant a trade mark.
(6) The Cabinet shall determine the requirements for the 
applications for registration of types of trade marks.
Section 31. Date of the Application 
for Registration
(1) The date when the Patent Office receives the application 
for registration corresponding to the provisions of
Section 30, 
Paragraph two of this Law if the fee for the application for 
registration has been paid within the time period
laid down in 
the law shall be considered the date of the application for 
registration.
(2) The fee for the application for registration and, where 
the application for registration covers more than one class
of 
goods or services, also the additional fee shall be paid within a 
month from the day the application for registration is
submitted.
(3) If the term for payment is missed but the application for 
registration conforms to the provisions of Section 30,
Paragraph 
two of this Law, the date when the fee for the application for 
registration and, where necessary, also the
additional fee are 
received shall be considered the date of the application for 
registration.
12
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36Section 32. List of Goods and 
Services
(1) One application for registration may contain a request for 
registration of a trade mark for one or several goods
or 
services, and also for goods and services simultaneously, 
irrespective of whether they belong to one or several
classes of 
goods or services according to the Nice Classification. The 
applicant for a trade mark shall group the list of
goods and 
services by classes according to the abovementioned 
classification.
(2) Goods and services for which protection is sought shall be 
identified in a sufficiently clear and precise manner
in order 
for the competent authorities and the public to be able to 
conclude clearly from the list of goods and services
the extent 
of protection of the trade mark.
(3) General terms, including the signs contained in the class 
headings of the Nice Classification, may be used for
the 
identification of goods and services if they correspond to the 
provisions of Paragraph two of this Section in
respect of clarity 
and precision.
(4) The Patent Office is entitled to reject the application 
for registration if signs of goods or services do not
conform to 
the provisions of Paragraph two of this Section and the applicant 
has failed to submit, within the time
period stipulated by the 
Patent Office, acceptable signs of the relevant goods or 
services.
(5) The extent of protection of a trade mark shall be 
determined according to the strict sense of the signs or terms
contained in the list of goods and services.
(6) Goods and services shall not be considered similar to each 
other only on the basis of the fact that they have
been included 
in the same class of the Nice Classification. Goods and services 
shall not be considered different from
each other only on the 
basis of the fact that they have been included in different 
classes of the Nice Classification.
Section 33. Convention Priority
(1) A person who has submitted the application for 
registration, in accordance with the prescribed procedures, in
any of the member states of the Paris Union or State parties to 
the TRIPS Agreement, or in any other country or union
of 
countries with which Latvia has concluded an agreement on 
recognition of the right of priority, or a successor of this
person has the right of priority for six months from the date of 
this application for registration when submitting an
application 
for the same registration in Latvia in respect of the goods and 
services which are identical to the goods
and services or 
included in the goods or services in respect of which an earlier 
application for registration has been
submitted.
(2) The applicant for a trade mark who wishes to exercise the 
right of priority arising from an earlier application for
registration (Convention priority) shall submit a claim for the 
Convention priority concurrently with the later application
for 
registration, indicating the date and country of the earlier 
application for registration or the regional trade mark
registration office to which it has been submitted, and also the 
number of the application for registration if it is known
at the 
moment of submission of the later application for 
registration.
(3) Upon exercising the right specified in Paragraph one of 
this Section, the applicant shall, within three months
from the 
day of submitting the application for registration of a trade 
mark, submit a document attesting to the right of
priority, 
namely a copy (derivative) of an earlier application for 
registration the conformity with the original of which has
been 
attested by the office that has accepted this application for 
registration, or shall indicate the data regarding this
earlier 
application for registration which may be found in a generally 
available database. The applicant shall
concurrently submit a 
translation into the Latvian language of the list of goods and 
services related to the earlier
application for registration 
which has been certified in accordance with the prescribed 
procedures.
(4) If, upon exercising the right specified in Paragraph three 
of this Section, the applicant has indicated the data
regarding 
this earlier application for registration which may be found in a 
generally available database but the Patent
Office has serious 
doubts as to the reliability of the indicated data, it is 
entitled to request that the applicant submits a
document 
attesting to the right of priority, namely a copy (derivative) of 
an earlier application for registration the
conformity with the 
original of which has been attested by the office that has 
accepted this application for registration,
or other 
evidence.
(5) If the outcome of a dispute may depend on the existence of 
the right of Convention priority and such
circumstances have not 
been verified during examination of the application for 
registration of a trade mark at its
registration office (the 
priority has been claimed, but the relevant data have not been 
verified), the proprietor of an
earlier trade mark has an 
obligation to submit a copy (derivative) of the earlier 
application for registration of his or her
trade mark which has 
been attested by the office that has accepted this application 
for registration.
Section 34. Exhibition Priority
(1) The applicant for a trade mark who has exhibited, at an 
official or officially recognised international exhibition in
Latvia or in any of the member states of the Paris Union or State 
parties to the TRIPS Agreement, the goods or
services in relation 
to the trade mark for which the registration of the trade mark is 
required, has the right of priority
from the first day when such 
goods or services are exhibited at the abovementioned exhibition 
if the application for
13
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36registration has been submitted within six 
months from that day.
(2) The applicant for a trade mark who wishes to exercise the 
right specified in Paragraph one of this Section
(exhibition 
priority) shall submit a claim for exhibition priority 
concurrently with the application for registration,
indicating 
the exhibition and the day when the goods or services have been 
first exhibited at this exhibition. A
document or a copy 
(derivative) thereof which attests to the right of exhibition 
priority, namely proving the identity of
the materials exhibited 
at the exhibition and the date they were first exhibited (in 
relation to the trade mark) and which
has been issued by a 
competent exhibition authority shall be submitted concurrently 
with the application for
registration or appended thereto within 
three months from the day this application for registration is 
submitted.
(3) The exhibition priority shall not extend the time period 
specified in Section 33, Paragraph one of this Law.
Section 35. Preliminary Examination 
of the Application for Registration
(1) As soon as possible from the day the application for 
registration is received, the Patent Office shall conduct a
preliminary examination of the application for registration, 
verifying the compliance thereof with the requirements of
Sections 30, 31, and 32 of this Law and determining the date of 
the application for registration (examination of formal
requirements). If the applicant for a trade mark claims for 
priority in accordance with the provisions of Section 33 or 34
of 
this Law, the Patent Office shall assess the information 
submitted and determine the date of priority.
(2) If the application for registration does not conform or 
only partially conforms with the requirements of Sections
30 and 
32 of this Law, the Patent Office shall notify the applicant for 
a trade mark thereof in writing, substantiating
non-conformity 
and determining a three-month period for replying (elimination of 
deficiencies). The period for
examination of the application for 
registration shall not include a period from the day the notice 
of the Patent Office is
sent to the day the reply is 
received.
(3) If the application for registration does not initially 
conform to the provisions of Section 30, Paragraph two of this
Law which refer to the documents necessary for determining the 
date of the application for registration, but the
applicant for a 
trade mark eliminates such deficiencies within the time period 
stipulated by the Patent Office, the day
when the Patent Office 
receives all the abovementioned documents shall be considered the 
date of the application for
registration. If the applicant for a 
trade mark has failed to eliminate the deficiencies established 
in the application for
registration upon request of the Patent 
Office, the application for registration shall be considered not 
to have been
submitted and the applicant shall be notified 
thereof in writing.
(4) If the applicant for a trade mark has failed to comply 
with the requirements specified for acquiring the right of
priority, the priority shall not be accepted.
(5) If the application for registration contains other serious 
deficiencies (non-conformities with the requirements of
this Law) 
and the applicant for a trade mark fails to eliminate them upon 
relevant request, the application for
registration shall be 
rejected and the applicant shall be notified thereof in 
writing.
(6) If the application for registration conforms to the 
requirements of Sections 30 and 32 of this Law or the
deficiencies established initially have been eliminated, the 
Patent Office shall take the decision to accept the
application 
for registration for expert-examination (acceptance of the 
application) and the applicant shall be notified
thereof in 
writing.
Section 36. Examination of a Trade 
Mark
(1) The Patent Office shall examine the conformity of the sign 
applied for with the requirements of Sections 4 and
6 of this Law 
within six months from the date of the application for 
registration. During the course of the expert-
examination the 
Patent Office is entitled to request from the applicant for a 
trade mark additional materials and
documents necessary for the 
expert-examination, specifying a three-month period for the 
submission thereof. At the
moment of sending the request, the 
period for expert-examination shall be suspended and it shall 
continue from the
day when the reply of the applicant for a trade 
mark has been received within the time period stipulated by the 
Patent
Office or if the time period for the submission thereof 
has expired.
(2) Within the scope of expert-examination the Patent Office 
shall not compare the sign applied for registration with
earlier 
rights of other persons. The applicant for a trade mark shall 
verify earlier rights of other persons. If the Patent
Office has 
information at its disposal that the sign or part thereof applied 
for registration may be perceived by
consumers as a 
representation of a trade mark well known in Latvia, but there is 
no information on connection of the
specific applicant for a 
trade mark with the well-known trade mark, the Patent Office 
shall verify whether there are
grounds for applying the 
provisions of Section 8 of this Law under a relevant written 
request to the applicant for a trade
mark.
(3) If it is established during the course of the 
expert-examination that a trade mark is not to be registered or 
is to
be registered with the restrictions provided for in 
Paragraph six or seven of this Section, the Patent Office shall 
inform
the applicant for a trade mark thereof in writing, 
determining a three-month period for the submission of 
explanations
(arguments against a potential refusal or 
restrictions of the registration).
(4) As soon as possible after receipt of explanations of the 
applicant for a trade mark or expiry of the period
14
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36specified for 
the submission of explanations, the Patent Office shall take a 
decision to register or to refuse to register
the trade mark. The 
applicant shall be informed of the decision in writing.
(5) If a reason for refusal of the registration of a trade 
mark has not been established in the course of the 
expert-
examination or it has been eliminated, the Patent Office 
shall take the decision to register the trade mark, inviting the
applicant for a trade mark not later than within three months 
from the day of notice of the decision to pay the specified
fee 
for the registration of the trade mark and the official 
publication.
(6) If it is established that a trade mark is not to be 
registered for some specific goods or services, the Patent
Office 
shall take the decision to register the trade mark for other 
goods and services included in the list (a restricted
list of 
goods and services).
(7) [9 February 2023]
[
9 February 2023
]
Section 37. Accelerated Examination 
of the Application for Registration
If the applicant for a trade mark has submitted a request for 
accelerated examination of the application for
registration and 
paid the relevant additional fee, the Patent Office shall perform 
the activities related to the application
for registration and 
specified in Sections 35 and 36 of this Law on a priority 
basis.
Section 38. Withdrawal, Restriction, 
and Amending of the Application for Registration
(1) The applicant for a trade mark is entitled to withdraw the 
entire application for registration or remove goods and
services 
from the list of goods and services applied for. The fee paid 
shall be non-refundable, except for the fee for
the application 
for registration and, where applicable, the additional fee for an 
additional class or classes of goods or
services if the 
application for registration is withdrawn within five days from 
the day of the submission thereof.
(2) The application for registration may only be amended, 
adjusted, or corrected, provided that this does not extend
the 
list of goods and services. The Patent Office is entitled to 
request such amendments, adjustments, and
corrections during the 
entire course of the examination of the application for 
registration. If amendments, adjustments,
or corrections in the 
application for registration are submitted by the applicant for a 
trade mark, acting on his or her
own initiative, the Patent 
Office shall take them into account if the fee specified for 
amendments to the application for
registration has been received. 
Entering of information on appointment or removal of a 
representative of the applicant
for a trade mark, amendments to 
information on the representative, the address, or contact 
address of the applicant
for a trade mark, corrections of minor 
clerical errors in the application for registration, and also 
corrections of mistakes
made by the Patent Office shall be made 
free of charge.
(3) A representation of the sign initially applied for 
registration may be changed, taking into account the
requirement 
that the changes only concern non-essential elements, do not 
affect overall impression and distinctive
character of the trade 
mark, and do not mislead consumers.
(4) Amendments received by the Patent Office after the 
information on registration of a trade mark had been
prepared for 
publication shall be considered amendments to the registration 
information, and the provisions of Section
41, Paragraph two of 
this Law shall be applicable thereto.
(5) If during the course of the registration procedure, except 
for the cases referred to in Section 35, Paragraph
three and 
Section 36, Paragraph three of this Law, the applicant for a 
trade mark fails to, within the specified period,
reply to the 
request of the Patent Office or to pay the specified fee and does 
not request an extension of the time
period, the application for 
registration shall be considered to have been withdrawn and the 
applicant shall be informed
thereof in writing.
Section 39. Division of the 
Application for Registration
(1) The application for registration may be divided into two 
or more applications for registration by dividing the
goods and 
services applied for between the original application for 
registration and the divisional application for
registration 
(applications), provided that the goods and services do not 
overlap in those applications for registration.
The divisional 
application for registration shall preserve the date of the 
original application for registration as well as
the priority 
thereof if it also refers to the goods and services of the 
divisional application for registration.
(2) The applicant for a trade mark is entitled to submit a 
request for the division of the application for registration
until the day a decision of the Patent Office to register the 
trade mark is notified.
(3) Upon submitting a request to the Patent Office for the 
division of the application for registration, the applicant
for a 
trade mark shall indicate which goods and services remain in the 
original application for registration and pay the
fee for making 
of amendments to the original application for registration. Each 
divisional application for registration
shall be drawn up in 
accordance with all the requirements of Sections 30 and 32 of 
this Law for the content of the
application for registration, 
paying the fee specified for a new application for registration 
in full amount. The fee paid
for the original application for 
registration is non-refundable and is not applied to the 
divisional application for
15
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36registration.
(4) If, within a month from the day when the Patent Office has 
received a request for the division of the application
for 
registration, the applicant for a trade mark has failed to submit 
the specified documents and materials of the
divisional 
application for registration or to pay the specified fee, the 
request for the division of the application for
registration 
shall be considered to have been withdrawn and the applicant 
shall be notified thereof in writing.
(5) The divisional application for registration shall be 
examined in accordance with the requirements of Paragraph
one of 
this Section and of Sections 35 and 36 of this Law. After the 
Patent Office has notified the decision to register
the trade 
mark, the request for the division of the application for 
registration may not be withdrawn.
Section 40. Registration, Official 
Publication of a Trade Mark, and Issue of a Registration 
Certificate
(1) A trade mark shall be registered by the Patent Office by 
making a relevant entry in the Register.
(2) As soon as possible after taking the decision to register 
a trade mark if the applicant a trade mark has paid the
specified 
fee, the Patent Office shall prepare the trade mark and 
information on the registration thereof for publication
in its 
official gazette (official publication).
(3) A trade mark is included in the Register concurrently with 
the publication thereof in the official gazette of the
Patent 
Office, except for the cases where technical reasons delay the 
publication. If the publication has been delayed,
the Patent 
Office shall indicate this difference of dates in the information 
on registration of the trade mark and in the
official 
publication.
(4) After registration of a trade mark and the official 
publication, the Patent Office shall issue to the proprietor of
the trade mark a registration certificate for the trade mark, 
including therein the information contained in the Register.
Section 41. Register
(1) The Patent Office shall keep the Register including 
therein the following:
1) the registered trade mark;
2) the information on the proprietor of the trade mark and the 
representative thereof, where appointed;
3) the date of the application for registration and, where 
applicable, the date of priority;
4) the date of registration of the trade mark;
5) the date of the official publication;
6) the list of the goods and services to which the 
registration of the trade mark applies;
7) the date from which the five-year period referred to in 
Section 26 of this Law begins;
8) other information specified in laws and regulations.
(2) The proprietor of the trade mark shall immediately inform 
the Patent Office of any amendments to or mistakes
established in 
the information on registration of the trade mark, change in his 
or her given name and surname, name
or address, change in his or 
her representative or address thereof or a wish to remove goods 
or services from the list
of goods and services. Amendments or 
corrections may not extend the scope of rights to the trade mark 
or create a
possibility to mislead a consumer. The Patent Office 
shall include the acceptable amendments in the Register if the
specified fee has been received. Information on amendments to the 
address or contact address of the proprietor of the
trade mark, 
on appointment or removal of a representative, or amendments to 
the information on the representative
shall be included in the 
Register, and also corrections of minor clerical errors or of 
mistakes made by the Patent
Office shall be made free of charge. 
A notice on the amendments made shall be published in the 
official gazette of the
Patent Office and sent to the proprietor 
of the trade mark to be added to the registration certificate for 
the trade mark.
(3) A representation of a trade mark initially included in the 
Register may be changed, taking into account the
requirement that 
the changes only concern non-essential elements of the trade mark 
and do not affect the overall
impression and distinctive 
character of the trade mark.
(4) Entries in the Register, to the extent contemplated by the 
requirements of Paragraph one of this Section, after
their 
publication, shall be available for inspection by any person. For 
a specified fee, the Patent Office shall provide
excerpts from 
the entries in the Register.
(5) A file of the application for registration and a 
registration file shall be available to any person who has 
submitted
a relevant request to the Patent Office. The Patent 
Office is entitled to refuse access to certain information if the
applicant for a trade mark or the proprietor of the trade mark 
has indicated that this information is a trade secret.
Internal 
documents, draft decisions and their preparatory materials of the 
Patent Office included in a case shall be
considered restricted 
access information.
16
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36Section 42. Notice of Appeal Against 
a Decision of the Patent Office
If the applicant for a trade mark or another addressee of a 
decision of the Patent Office completely or partly
disagrees with 
the decision taken by the Patent Office in the registration or 
post-registration procedure, he or she is
entitled to submit a 
notice of appeal in accordance with the Law on Industrial 
Property Institutions and Procedures.
Section 43. Notice of Opposition to 
the Registration of a Trade Mark
(1) Interested persons may, within three months after official 
publication of a trade mark, submit to the Industrial
Property 
Board of Appeal a notice of opposition to the registration of the 
trade mark. The submission, progress, and
examination of the 
notice of opposition shall take place in accordance with the Law 
on Industrial Property Institutions
and Procedures.
(2) Any person may submit a notice of opposition if a 
registered trade mark does not conform to the provisions of
Section 4 of this Law or if the registration of the trade mark 
should be invalidated in accordance with the provisions of
Section 6 of this Law, or if the provisions of Section 10, 
Paragraph one, Clause 1 of this Law are applicable.
(3) A notice of opposition based on the provisions of Section 
7, 8, or 9 of this Law or the provisions of Section 10,
Paragraph 
one, Clause 2, 3, 4, 5, 6, 7, 8, 9, or 10 or Paragraph two may be 
submitted by persons who are proprietors
of the earlier trade 
marks, well-known trade marks referred to in the relevant 
provisions, or holders of other earlier
rights, or successors 
thereof.
(4) In addition to the persons referred to in Paragraph three 
of this Section, a notice of opposition based on the
provisions 
of Section 10, Paragraph one, Clause 2, 3, 4, 5, 6, 7, 8, 9, or 
10 of this Law may also be submitted by a
professional 
association or an association of manufacturers, traders, or 
service providers the member of which is the
relevant proprietor 
of earlier rights or successor thereof and the articles of 
association of which provide for the
protection of economic 
interests of the members of this association before court, and 
also an authority the objective
of which is to protect the rights 
of consumers in accordance with laws and regulations.
(5) Upon examining a notice of opposition based on an earlier 
trade mark of an opponent, the Industrial Property
Board of 
Appeal shall take into account the restrictions provided for in 
Sections 11 and 12 of this Law regarding
invalidation of the 
trade mark, and also the restrictions of rights of the proprietor 
of an earlier trade mark (submitter of
the notice of opposition) 
specified in Section 26 of this Law and related to the actual 
non-use of the earlier trade mark
over the last five years prior 
to the date of the application for registration of the contested 
trade mark or, where
applicable, the date of priority. The 
proprietor of the contested trade mark is entitled to request 
that the submitter of
the notice of opposition submits evidence 
which rebuts application of the abovementioned provisions.
(6) If a notice of opposition is satisfied, registration of a 
trade mark shall be invalidated from the day of the
registration 
thereof.
Section 44. Division of the 
Registration of a Trade Mark
(1) The registration of a trade mark may be divided into two 
or more registrations by dividing the list of goods and
services 
to which the registration of the trade mark applies between the 
original registration and the divisional
registration 
(registrations), provided that the goods and services do not 
overlap therein. The divisional registration shall
preserve the 
date of the original application for registration as well as the 
priority thereof if it also refers to the goods
and services of 
the divisional registration.
(2) A request for division of the registration may be 
submitted only after expiry of the term for oppositions
(opposition period) specified in Section 18, Paragraph one of 
this Law.
(3) Upon submitting a request to the Patent Office for the 
division of the registration, the proprietor of the trade
mark 
shall indicate which goods and services remain in the original 
registration and which are to be included in the
divisional 
registration (registrations) and pay the fee for making of 
amendments to the original registration.
(4) If within a month from the day when the Patent Office has 
received a request for the division of the registration,
the 
proprietor of the trade mark has failed to submit the specified 
documents and materials of the divisional
registration or to pay 
the fee for making of amendments, the request for the division of 
the registration shall be
considered to have been withdrawn and 
the proprietor of the trade mark shall be notified thereof in 
writing.
(5) If a request for the division of the registration conforms 
to the provisions of Paragraphs one and three of this
Section, 
the Patent Office shall take the decision on each divisional 
registration by inviting the proprietor of the trade
mark to pay 
the specified fee for the registration of the trade mark and the 
official publication in respect of each
divisional registration 
within a month from the day of notice of the decision.
(6) If the proprietor of the trade mark has paid the specified 
fee for the registration of the trade mark and the official
publication, the Patent Office shall, as soon as possible, 
include in the Register the divisional registration and
amendments to the original registration, publish the relevant 
notices in its official gazette, and also issue a registration
certificate for the divisional registration and additions to the 
original registration certificate. If the fee has not been paid
17
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36within the specified period, a request for the division of the 
registration shall be considered to have been withdrawn
and the 
proprietor of the trade mark shall be notified thereof in 
writing.
(7) After the Patent Office has notified the decision on the 
divisional registration, the applicant is not entitled to
withdraw his or her request for the division of the registration. 
A divisional registration may not be combined.
Section 45. Validity Period and 
Renewal of the Registration
(1) The registration of a trade mark shall be valid for 10 
years from the date of the application for registration
unless it 
is removed from the Register prior to the end of this time period 
due to the proprietor of the trade mark
surrendering the 
registration, it being invalidated, or revoked.
(2) The registration may, every 10 years, be renewed (the 
trade mark re-registered) for another 10 year period.
(3) The Patent Office shall inform the proprietor of the trade 
mark in writing of expiry of the validity period of the
registration not later than six months prior to the end of this 
time period. The Patent Office shall not be responsible for
the 
fact that the proprietor of the trade mark has not received this 
information.
(4) The proprietor of the trade mark shall submit a submission 
for the renewal of the registration during the last
year of 
validity of the trade mark, paying the fee specified for the 
renewal of registration.
(5) If a submission for the renewal of the registration has 
not been received by the end of the validity period of the
registration, the Patent Office shall inform the proprietor of 
the trade mark in writing of the fact that the registration
may 
be renewed within six months after the end of the validity period 
by paying the specified additional fee. The
Patent Office shall 
include a warning in the notice that if the activities specified 
for the renewal of the registration are
not performed within the 
abovementioned time period, the trade mark will be removed from 
the Register.
(6) The Patent Office shall enter the information on the 
renewal of the registration into the Register, publish a
notice 
thereof in its official gazette, and send it to the proprietor of 
the mark to be attached to the trade mark
certificate of 
registration.
Section 46. Extension of Term
(1) The Patent Office is entitled to extend the time period 
specified in this Law in respect of activities to be
performed in 
the Patent Office for a period not exceeding three months if 
prior to the end of the relevant time period
the Patent Office 
has received a request and a fee for extension of the time 
period.
(2) Paragraph one of this Section shall not apply to:
1) the time period for the Convention priority and the time 
period for the exhibition priority;
2) the time period for the submission of a notice of 
opposition;
3) the validity period of the registration and the time 
periods specified for the renewal of registration;
4) the time periods specified for the continued processing and 
reinstatement of rights.
(3) The Patent Office may re-grant an extension of the time 
period if the repeated extension of the time period has
good 
cause.
Section 47. Continued Processing 
Following the Non-Observance of Term
(1) The applicant for a trade mark, the proprietor of the 
trade mark or another interested person who has not
complied with 
the time period specified in this Law in respect of the 
activities of the Patent Office may request the
continued 
processing.
(2) A request for the continued processing shall be submitted 
to the Patent Office not later than two months after
the Patent 
Office has notified of the non-compliance with the time period or 
loss of any of the rights provided for in
this Law due to the 
non-compliance with the time period if the activities provided 
for in the time period not complied
with have been performed and 
the fee has been paid for the continued processing. If the 
intended activities have not
been performed or the fee for the 
continued processing has not been received, the request shall be 
considered to have
been withdrawn.
(3) If the request for the continued processing is satisfied, 
the non-compliance with the time period shall have no
legal 
consequences.
(4) Continued processing may not be requested if the following 
conditions have not been met:
1) the time period specified for the continued processing;
2) the convention priority term and exhibition priority term 
or term specified for the submission of documents
18
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36certifying 
rights to the priority;
3) the time period specified for the submission of 
observations during the course of the expert-examination of a
trade mark;
4) the time period for the submission of a notice of 
opposition;
5) the validity period of registration and the time period 
specified for the renewal of registration;
6) the time period specified for the reinstatement of 
rights.
Section 48. Reinstatement of 
Rights
(1) If the applicant for a trade mark, the proprietor of the 
trade mark, or another interested person has failed to
comply 
with the time period specified in this Law in respect of the 
activities to be performed in the Patent Office and
the direct 
consequences of the non-compliance with the time period are the 
rejection of the application for registration,
the consideration 
of the application for registration or another submission as not 
to have been submitted or withdrawn,
the removal of the 
registration from the Register, or the loss of other rights 
provided for in this Law, this person may
request the 
reinstatement of the respective rights.
(2) A request for the reinstatement of rights shall be 
submitted to the Patent Office within two months after
elimination of the reasons for which the time period was not 
complied with, but not later than within a year after expiry
of 
the time period specified initially if the activities provided 
for in the time period not complied with have been
performed and 
the fee for the reinstatement of rights has been paid. The 
reasons for the non-compliance with the time
period shall be 
justified in the request and the necessary evidence shall be 
appended thereto. If the intended activities
have not been 
performed or the fee for the reinstatement of rights has not been 
received, the request shall be
considered to have been 
withdrawn.
(3) If the Patent Office establishes that the time period has 
been missed in spite of having made efforts
reasonable in the 
circumstances, but the requirements of Paragraph two of this 
Section have been complied with, it
shall reinstate the rights of 
the applicant for a trade mark, the proprietor of the trade mark 
or another interested person
to the application for registration, 
registration, or other rights lost.
(4) Prior to complete or partial rejection of a request for 
the reinstatement of rights, the Patent Office shall notify
the 
submitter of the request in writing of the grounds for the 
potential rejection and invite the submitter to submit his or
her 
observations in respect of these grounds within three months from 
the day of notice.
(5) The reinstatement of rights may not be requested if the 
following conditions have not been met:
1) the time period specified for the reinstatement of 
rights;
2) the time period specified for the submission of 
explanations upon request of the Patent Office during the course
of the expert-examination of a trade mark;
3) the time period for the submission of a notice of 
opposition;
4) the time period specified for the continued processing.
(6) The reinstatement of rights may not be requested also in 
the case where the circumstances allow to apply the
provisions 
for the continued processing in accordance with Section 47 of 
this Law.
(7) If the reinstatement of rights is requested after the time 
period for the renewal of rights and also after missing
the 
additional six-month period, the end of the initial time period 
referred to in Paragraph two of this Section shall be
considered 
the last day of the 10-year validity period of registration.
(8) If rights are reinstated and therefore it is necessary to 
amend the previous officially published notice, relating to
the 
registration of a trade mark, the Patent Office shall make the 
appropriate entry in the Register and publish a notice
on the 
reinstatement of rights in the official gazette of the Patent 
Office.
Section 49. Decision on Extending 
Terms, Continued Processing and the Reinstatement of Rights
(1) Upon taking a decision to extend the time period, to 
continue processing, or to reinstate rights, the Patent
Office 
shall take into account interests of a third party if the 
decision may affect them.
(2) If a request for the extension of the time period, the 
continued processing, or the reinstatement of rights is
satisfied, the decision thereof may be combined with a decision 
taken by the Patent Office in accordance with the
provisions of 
this Law in the relevant subsequent procedure.
(3) The decision shall be notified to the submitter of the 
request and, if it may affect interests of another person,
also 
to this person.
19
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36Chapter VI
Civil Liability for an Infringement of the Rights to a Trade 
Mark
Section 50. Infringement of the 
Rights to a Trade Mark
(1) The use of the signs referred to in Section 14, Paragraphs 
one and three, Section 16, Paragraph one, Section
18, Paragraph 
one, and Section 19, Paragraphs one and two of this Law in 
economic circulation without an
authorisation of the proprietor 
of the trade mark, including the use of such signs in the manners 
referred to in Section
14, Paragraph two, Section 15, and Section 
16, Paragraph one of this Law shall be considered an infringement 
of the
exclusive rights to a trade mark (hereinafter - the 
infringement of the rights to a trade mark).
(2) Upon determining whether the use of a sign is considered 
to be the infringement of the rights to a trade mark,
restrictions of exclusive rights (Section 24 of this Law) and 
exhaustion of the rights (Section 25 of this Law) shall also
be 
taken into account after an objection of the alleged 
infringer.
(3) A person against whom a claim is brought for the 
elimination of the infringement of the rights to a trade mark
may, in accordance with the provisions of Section 61 or 63 of 
this Law, bring a counterclaim for the invalidation or
revocation 
of the registration of the trade mark. In such case the 
infringement of the rights to a trade mark may be
established 
insofar as the registration thereof is not invalidated or 
revoked.
Section 51. Elimination of the 
Infringement of the Rights to a Trade Mark
(1) A claim for the elimination of the infringement of the 
rights to a trade mark shall constitute a claim for the
termination of an ongoing infringement at the time the claim is 
brought, the prevention of a risk for recurrence of an
infringement which has occurred in the past, the compensation 
(indemnification) for the damage caused by an
infringement, or 
the prevention of an infringement reasonably possible in the 
future.
(2) A claim for the elimination of an infringement of the 
rights to a trade mark may be submitted by the proprietor of
the 
trade mark or the licensee with a written consent of the 
proprietor of the trade mark. A consent of the proprietor of
the 
trade mark shall not be required for an exclusive licensee if he 
or she has invited the proprietor of the trade mark
in writing to 
bring a claim but the proprietor of the trade mark has failed to 
do it within a reasonable time period.
(3) Any licensee of the relevant trade mark is entitled to 
intervene and request, under an independent claim, a
compensation 
for the damage caused to him or her by the infringement of the 
rights to a licensed trade mark.
Section 52. Limitation Period
A claim for the elimination of the infringement of the rights 
to a trade mark may be brought within three years from
the moment 
when the proprietor of the trade mark or the licensee has become 
or should have become aware of the
unlawful use of the trade 
mark.
Section 53. Protection of the Rights 
of the Proprietor of a Later Registered Trade Mark in an 
Infringement
Case
(1) In a case regarding an infringement of the earlier rights 
to a trade mark, the proprietor of this trade mark is not
entitled to prohibit the use of a later trade mark registered in 
Latvia or in respect of Latvia if there are no grounds for
invalidation of this later trade mark in accordance with Section 
11, Section 12, Paragraph one, and Section 26,
Paragraph three of 
this Law.
(2) In a case regarding an infringement of the earlier rights 
to a trade mark, the proprietor of this trade mark is not
entitled to prohibit the use of a later registered European Union 
trade mark if there are no grounds for invalidation of
this later 
trade mark in accordance with Article 60(1), (3), or (4), Article 
61(1) or (2), or Article 64(2) of Regulation (EU)
2017/1001.
(3) If the proprietor of an earlier trade mark does not have 
the right to prohibit the use of a later registered trade
mark in 
accordance with this Section, the proprietor of the respective 
later registered trade mark may not prohibit use
of the earlier 
trade mark in the procedure of infringement of rights, even if 
the abovementioned earlier rights can no
longer be turned against 
the later trade mark.
Section 54. Types of Legal 
Remedies
(1) If an infringement is established in a case regarding 
elimination of the infringement of the rights to a trade mark,
a 
court may, upon request of the proprietor of the trade mark or 
the licensee, apply the following:
1) a preliminary injunction;
2) recovery of the compensation for damage.
(2) Concurrently with the legal remedies referred to in 
Paragraph one of this Section, a court may, upon request of
20
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36the 
proprietor of a trade mark or the licensee, apply one or more of 
the following legal remedies:
1) recall or withdrawal of the goods from the market which are 
used to infringe the rights to the trade mark
(hereinafter - the 
infringing goods);
2) destruction of the infringing goods;
3) deletion of a domain name or transfer of the rights to use 
a domain name;
4) publication of a judgement.
(3) Recovery of the compensation for damage shall not be 
applicable in case of an alleged infringement in the
future. An 
event where it is established that the rights to a trade mark may 
or will be infringed as the alleged infringer
himself or herself 
or through another person has taken measures that may be 
recognised as preparation for the
infringement of the rights to a 
trade mark shall be considered an alleged infringement in the 
future.
Section 55. Preliminary 
Injunction
(1) A preliminary injunction shall constitute an obligation 
imposed by a court upon an infringer to perform specific
activities or to refrain from the performance of specific 
activities in order to terminate the infringement of the rights 
of
the proprietor of the trade mark or to prevent an alleged 
infringement.
(2) The preliminary injunction may also be applied to a person 
providing services that are used to commit an
infringement or 
otherwise rendering possible the committing of an 
infringement.
Section 56. Compensation for 
Damage
(1) The proprietor of a trade mark or the licensee is, in 
accordance with the provisions of Section 51 of this Law,
entitled to seek compensation for material damage and moral 
damage caused as a result of the infringement of the
rights to 
the trade mark from a person who has or should have been aware 
that he or she infringes the rights to the
trade mark.
(2) Upon seeking compensation for material damage, the 
proprietor of the trade mark or the licensee may request
one of 
the following types of material compensation for each 
infringement:
1) recovery of the compensation for losses;
2) recovery of a licence fee (an amount which the proprietor 
of the trade mark might receive for granting to the
licensee the 
rights to use the trade mark);
3) recovery of profit which a person who has infringed the 
rights to the trade mark has made unfairly as a result of
the 
infringement.
(3) The amount of compensation for moral damage shall be 
determined by a court at its own discretion.
(4) Upon deciding on the compensation for damage, the fact of 
receipt of a warning of the proprietor of the trade
mark shall be 
taken into account.
Section 57. Provisions for the 
Application of Individual Legal Remedies
(1) In addition to the preliminary injunction or the 
compensation for damage, the following legal remedies may also
be 
applied:
1) to recall or withdraw from economic circulation the goods, 
and also devices and materials which are used or
intended for the 
production of the infringing goods;
2) to destroy, in whole or in part, the goods, and also 
devices and materials which are used or intended for the
production of the infringing goods;
3) to delete a domain name under which the rights to a trade 
name is infringed, or to transfer the right to use this
domain 
name to the proprietor of the trade mark;
4) to publish information, in whole or in part, on a 
judgement, including to publish a court judgement in the mass
media.
(2) The activities specified in Paragraph one of this Section 
shall be performed at the expense of the infringer
unless the 
plaintiff has asked to perform them at his or her own 
expense.
Section 58. Substitution of Legal 
Remedies with Pecuniary Compensation
A court may, upon a reasoned written request of the defendant, 
instead of applying the legal remedies referred to
in Section 55 
and Section 57, Paragraph one of this Law, recover pecuniary 
compensation in favour of the proprietor
21
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36of the trade mark or the 
licensee, provided that all of the following conditions are 
detected:
1) the person had not and should not have been aware of the 
fact that he or she infringes the rights to the trade
mark;
2) the application of the relevant legal remedies would cause 
disproportionate damage to the infringer;
3) the pecuniary compensation is a sufficiently satisfactory 
remedy.
Chapter VII
Termination of the Operation of a Trade Mark
Section 59. Surrender of the 
Registration of Trade Mark by Proprietor of the Trade Mark
(1) The proprietor of the trade mark may request removal of a 
registered trade mark from the Register prior to
expiry of the 
validity period thereof. As soon as the Patent Office receives a 
submission for the surrender of
registration, the Patent Office 
shall immediately notify in writing the licensee of the trade 
mark and other interested
persons in respect of which the 
Register contains information.
(2) If, within a month after submitting a submission to the 
Patent Office, the fee specified for the removal from the
Register has also been received, a registered trade mark shall be 
removed from the Register starting from the day
specified by the 
proprietor of the trade mark but not earlier than the day when 
the submission is received for the
removal of the registered 
trade mark from the Register. The Patent Office shall make a 
corresponding entry in the
Register, but publish a notice thereof 
in its official gazette, and send it to the proprietor of the 
trade mark and any
persons in respect of which the Register 
contains information.
(3) If a submission for the removal of a registered trade mark 
from the Register does not refer to all the goods and
services 
for which the trade mark has been registered, it shall be 
considered an amendment to the information on
registration of the 
trade mark and examined in accordance with the provisions of 
Section 41, Paragraph two of this
Law.
(4) The Patent Office shall not remove a registered trade mark 
from the Register upon request of the proprietor of
the trade 
mark if the Register contains information on pledging of the 
rights to the trade mark, and a submission of the
proprietor of 
the trade mark is not accompanied by a written consent of the 
pledgee contained in the Register for the
removal of the 
registered trade mark from the Register.
(5) If the Patent Office has information at its disposal on 
the fact that a person has submitted a claim to a court
regarding 
the transfer of the registration of a trade mark thereto (Section 
22 of this Law), the registered trade mark
shall not be removed 
from the Register during court proceedings without a written 
consent of this person.
Section 60. Expiry of Validity 
Period of the Registration of a Trade Mark
(1) The Patent Office shall remove a registered trade mark 
from the Register if the validity period of the registration
of 
the trade mark and the additional six-month period for the 
renewal of the registration have expired but the
registration has 
not been renewed in accordance with the prescribed 
procedures.
(2) If the registration has not been renewed, a trade mark 
shall be removed from the Register as of the day
following the 
last 10-year period of validity of the registration of the trade 
mark. The Patent Office shall publish a
relevant notice in its 
official gazette.
Section 61. Invalidation of a Trade 
Mark Registration
(1) The registration of a trade mark may be invalidated 
starting from the day of the registration if the trade mark
does 
not conform to the provisions of Section 4 of this Law or if, at 
the moment of submitting a submission for the
invalidation of the 
trade mark to the Industrial Property Board of Appeal or a 
statement of claim to a court, the grounds
provided for in 
Section 6, 7, 8, 9, or 10 of this Law for the invalidation of the 
trade mark exist.
(2) The registration of a trade mark may not be invalidated on 
the basis of Section 6, Paragraph one, Clause 2, 3,
or 4 of this 
Law if the trade mark has obtained a distinctive character at the 
moment when the submission for the
invalidation is submitted to 
the Industrial Property Board of Appeal or a statement of claim 
is submitted to a court.
(3) If a submission to the Industrial Property Board of Appeal 
or a statement of claim for the invalidation of the
registration 
of a trade mark is based on a sufficient distinctive character of 
an earlier trade mark which allows to
recognise the likelihood of 
confusion or association between the both trade marks, or a 
well-known character or
reputation of an earlier trade mark which 
allows to extend the likelihood of confusion or association of 
these trade
marks also to the goods and services of a later trade 
mark which are not similar to the goods ad services of the 
earlier
trade mark, the proprietor of the earlier trade mark has 
an obligation to prove the existence of the specific
circumstances on the date of the application for registration of 
the later trade mark or, where applicable, the date of
22
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36priority 
(Section 11 of this Law).
(4) The registration of a Latvian trade mark or the 
registration of an internationally registered trade mark
designating Latvia which sets the basis for a request for 
seniority of a European Union trade mark (Section 84,
Paragraph 
two of this Law) may be invalidated also when the abovementioned 
trade mark has been removed from the
Register upon the initiative 
of the proprietor of the trade mark or due to expiry of validity 
period of the registration
thereof, or the international 
registration designating Latvia has been withdrawn upon the 
initiative of the proprietor of
the trade mark or due to expiry 
of validity period of this designation (
a posteriori
), 
provided that the grounds for the
invalidation of this 
registration have been existing at the moment when the trade mark 
was removed from the Register
upon the initiative of the 
proprietor thereof or due to expiry of validity period of the 
registration thereof, or international
registration designating 
Latvia was withdrawn or not renewed after expiry of the current 
validity period.
(5) If a submission to the Industrial Property Board of Appeal 
or a statement of claim to a court for the invalidation
of a 
trade mark is based on an earlier trade mark (within the meaning 
of Section 7, Paragraph two of this Law) but the
proprietor of 
the contested trade mark has submitted a counter-submission or 
counterclaim for the revocation of the
earlier trade mark on the 
basis of non-use of the earlier trade mark (within the meaning of 
Section 26 of this Law)
within a five-year period prior to 
submitting the submission or statement of claim, or on the basis 
of other conditions of
Section 63 of this Law, the registration 
of the trade mark shall be invalidated insofar as the 
abovementioned counter-
submission or counterclaim may not be 
satisfied.
(6) If there are grounds for invalidation the registration of 
a trade mark only with respect to some of the goods or
services 
for which the trade mark has been registered, the registration 
shall be invalidated only with respect to those
goods and 
services.
[
9 February 2023
]
Section 62. Application for the 
Invalidation of the Registration of a Trade Mark, Examination and
Consequences Thereof
(1) A submission to the Industrial Property Board of Appeal or 
a statement of claim to a court for the invalidation of
the 
registration of a trade mark may be submitted by a person who is 
entitled to submit a notice of opposition to the
registration of 
the trade mark in accordance with the provisions of Section 43, 
Paragraphs two, three, and four of this
Law.
(1
1
) The submission to the Industrial Property 
Board of Appeal or the statement of claim to a court referred to 
in
Paragraph one of this Section may be submitted after expiry of 
the time limit for a notice of opposition (Section 43,
Paragraph 
one and Section 81, Paragraph three of this Law).
(1
2
) If the Industrial Property Board of Appeal has 
received a submission for the invalidation of the registration of 
a
trade mark and it becomes aware that a court case has been 
initiated in a dispute between the same parties on the
same 
subject-matter of the claim and on the same grounds relating to 
the invalidation of the registration of a trade
mark, the 
Industrial Property Board of Appeal shall stay the proceedings on 
the examination of the submission until
the final ruling of the 
court in that case enters into effect.
(2) A person who has achieved full or partial invalidation of 
a trade mark before a court (also if the case examined
by the 
Industrial Property Board of Appeal has been reviewed by the 
court) shall submit a transcript of a court
judgement to the 
Patent Office.
(3) The Patent Office shall make an entry in the Register 
regarding invalidation of the registration of the trade mark
or 
respective amendments to the information on the registration of 
the trade mark, publish a relevant notice in its
official 
gazette, and also notify the submitter thereof and the proprietor 
(former proprietor) of the trade mark of this
fact.
(4) If the registration of a trade mark conducted in Latvia or 
the registration of an internationally registered trade
mark 
designating Latvia which set the basis for a request for 
seniority of a European Union trade mark (Section 84,
Paragraph 
two of this Law) is invalidated fully or partly, the Patent 
Office shall immediately notify the European Union
Intellectual 
Property Office of this fact.
[
9 February 2023
]
Section 63. Revocation of a Trade 
Mark Registration
(1) The registration of a trade mark may be revoked if the 
trade mark has not been genuinely used in relation to the
goods 
and services for which it was registered within a period of five 
consecutive years after completion of the
registration procedure 
thereof (Section 26, Paragraph two of this Law) or if such use 
has been suspended for at least a
period of five consecutive 
years prior to submitting a submission to the Industrial Property 
Board of Appeal or a
statement of claim to a court for the 
revocation of the registration of the trade mark, and such 
non-use does not have
due cause.
23
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36(2) The revocation of the registration of a trade mark may not 
be requested on the basis referred to in Paragraph
one of this 
Section if during the interval between the five-year period of 
non-use of the trade mark and the moment
when a submission to the 
Industrial Property Board of Appeal or a statement of claim to a 
court for the revocation of
the registration of the trade mark 
has been submitted, the genuine use of the trade mark has been 
commenced or
recommenced. The commencement or recommencement of 
the use of the trade mark shall not be taken into account
if it 
is used for no longer than three months prior to submitting a 
respective submission or a statement of claim for the
revocation 
of the registration of the trade mark, and the preparations 
necessary for the commencement or
recommencement of the use of 
the trade mark have been commenced only after the proprietor had 
become aware that
such claim may be brought or a submission may 
be submitted.
(3) If a statement of claim for the revocation of the 
registration of a trade mark on the basis of genuine non-use of
the trademark is submitted to a court as a counterclaim in a case 
regarding invalidation of the registration of the trade
mark or 
regarding elimination of an infringement of the rights to a trade 
mark, the court shall take into account the five-
year period of 
non-use prior to bringing the primary claim.
(3
1
) If the submission to the Industrial Property 
Board of Appeal for the revocation of the registration of a trade
mark on the basis of genuine non-use of the trade mark is 
submitted as a counter-submission in an opposition case
against 
the registration of the trade mark or in a case for the 
invalidation of the registration of the trade mark, the
Industrial Property Board of Appeal shall take into account the 
period of five years of non-use prior to submitting the
notice of 
opposition or a submission for the invalidation of the 
registration of a trade mark.
(4) The registration of a trade mark may be revoked if after 
registration the trade mark has become a generic name
(general 
term) in the economic circulation as a result of an act of the 
proprietor thereof or omission in respect of the
product or 
service for which it has been registered.
(5) The registration of a trade mark may be revoked if after 
registration it has been used by the proprietor of the
trade mark 
or it has been used with a consent of the proprietor in relation 
to the goods or services for which it has
been registered, but as 
a result of this use the abovementioned trade mark may mislead 
the public, in particular in
respect of the nature, quality, or 
geographical origin of this product or service.
(6) The registration of a trade mark conducted in Latvia or 
the registration of an internationally registered trade
mark 
designating Latvia which sets the basis for a request for 
seniority of a European Union trade mark (Section 84,
Paragraph 
two of this Law) may be revoked also when the abovementioned 
registration has been removed from the
Register upon the 
initiative of the proprietor of the trade mark or is no longer 
present due to expiry of the validity period
thereof, or the 
international registration designating Latvia has been withdrawn 
upon the initiative of the proprietor of
the trade mark or is no 
longer present due to expiry of the validity period of this 
designation (
a posteriori
), provided
that the grounds for 
the revocation of this registration have been existing at the 
moment when the trade mark was
removed from the Register upon the 
initiative of the proprietor thereof or due to expiry of validity 
period of the
registration thereof, or international registration 
designating Latvia was withdrawn or not renewed after expiry of 
the
current validity period.
(7) The Industrial Property Board of Appeal in its decision or 
the court in the judgement shall indicate the date from
which the 
registration of the trade mark shall be revoked. If it is not 
established when the circumstances which set the
basis for the 
revocation of the registration of the trade mark have occurred, 
it shall be revoked from the day when a
statement of claim is 
submitted to a court or a submission is submitted to the 
Industrial Property Board of Appeal for
the revocation of the 
registration of the trade mark.
(8) If the grounds for the revocation of the registration of a 
trade mark only exist in respect of some of the goods
and 
services for which the trade mark has been registered, the 
registration shall only be revoked in respect of those
goods and 
services.
[
9 February 2023
]
Section 64. Application for the 
Revocation of the Registration of a Trade Mark, Examination and
Consequences Thereof
(1) A submission to the Industrial Property Board of Appeal or 
statement of claim to a court for the revocation of
the 
registration of a trade mark may be submitted by any interested 
person during the entire validity of the registration
of the 
trade mark or also thereafter if circumstances of the case 
correspond to the provisions referred to Section 63,
Paragraph 
six of this Law.
(2) A person whose claim brought for the revocation of the 
registration of a trade mark has been satisfied in a
court, in 
whole or in part, shall submit a transcript of a court judgement 
to the Patent Office.
(2
1
) If the Industrial Property Board of Appeal has 
received a submission for the revocation of the registration of
the trade mark and it becomes aware that a court case has been 
initiated in a dispute between the same parties on
the same 
subject-matter and on the same grounds relating to the revocation 
of the registration of the trade mark, the
Industrial Property 
Board of Appeal shall stay the proceedings on the examination of 
the submission for the revocation
of the registration of the 
trade mark until the final ruling of the court in that case 
enters into effect.
24
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36(3) The Patent Office shall make an entry in the Register on 
the revocation of the registration of a trade mark or
amendments 
to the registration information as of the day specified in the 
decision or judgement and publish a relevant
notice in its 
official gazette, and also notify the submitter and the 
proprietor (former proprietor) of the trade mark
thereof.
(4) If the registration of a trade mark conducted in Latvia or 
the registration of an internationally registered trade
mark 
designating Latvia which set the basis for a request for 
seniority of a European Union trade mark (Section 84,
Paragraph 
two of this Law) is revoked fully or partly under a ruling which 
has entered into effect, the Patent Office
shall immediately 
notify the European Union Intellectual Property Office 
thereof.
[
9 February 2023
]
Chapter VIII
Collective Mark
Section 65. Collective Mark and 
Holders of Rights Thereto
(1) A collective mark may be formed by a sign which conforms 
to the provisions of this Law for the types of trade
marks 
(Section 4 of this Law) and allows to distinguish the goods or 
services of members of the proprietor of the
collective mark from 
the goods or services of other persons.
(2) A sign or indication which may be used in economic 
circulation in order to designate the geographical origin of
the 
goods or services may be registered as a collective mark without 
applying thereto the restriction specified in
Section 6, 
Paragraph one, Clause 3 of this Law. However, the registration of 
such collective mark shall not grant the
proprietor thereof the 
right to prohibit other persons from using such signs or 
indications in economic circulation,
taking into account the 
condition that such use corresponds to fair practice of economic 
activity. The right of another
person to use any geographical 
sign may not be contested on the basis of such collective mark 
insofar as such use
does not mislead consumers.
(3) The proprietor of a collective mark may be any association 
of producers, manufacturers, service providers, or
traders which 
has been registered in accordance with the prescribed procedures 
and, in accordance with the laws and
regulations governing it, is 
able to acquire rights and assume obligations, also enter into 
contracts and institute and
respond to legal proceedings, 
including also a legal person governed by public law, even if 
this person does not own a
manufacturing or commercial 
undertaking.
(4) Each member of the association referred to in Paragraph 
three of this Section may also have his or her own
trade 
marks.
(5) The provisions of this Law for the principles of 
protection of a trade mark, the grounds for refusal or 
invalidation
of the registration of a trade mark, the exclusive 
rights of the proprietor of a trade mark and restrictions 
thereof, the
rights to a trade mark as an object of property, the 
transfer of the rights to a trade mark and licensing, the 
registration
procedure for a trade mark, the civil liability for 
an infringement of the rights to a trade mark, the termination of 
the
operation of a trade mark, the international registration of 
a trade mark, and the administrative liability in the field of
protection of trade marks shall be applicable to a collective 
mark, insofar as the abovementioned provisions are not in
contradiction to the provisions of this Chapter.
Section 66. By-laws on the Use of a 
Collective Mark
(1) When applying a collective mark for registration, the 
by-laws on the use of the collective mark which have been
approved by the applicant for a collective mark or an authorised 
person thereof shall be submitted in addition to the
materials 
and documents referred to in Section 30 of this Law. The by-laws 
shall include the following:
1) a list of the persons who have the right to use the 
collective mark;
2) the provisions of participation in an association that is 
the applicant for a collective mark. If the collective mark
referred to in Section 65, Paragraph two of this Law is applied 
for, the provisions of participation shall provide for a
possibility for persons to become members of this association 
provided that the origin of goods or services thereof
corresponds 
to the relevant geographical location and they undertake to 
comply with the requirements of the by-laws;
3) the conditions of use of the collective mark in relation to 
goods or services, a control mechanism to ensure
compliance with 
them, and possible sanctions for the violation of such 
conditions.
(2) Instead of the list of persons referred to in Paragraph 
one, Clause 1 of this Section, the applicant for a
collective 
mark may indicate a website on which the abovementioned list is 
available to the public on permanent
basis.
(3) The by-laws on the use of a collective mark may not be in 
contradiction to the public order or generally
25
/
36accepted 
principles of morality.
(4) After a notice on registration of a collective mark has 
been published in the official gazette of the Patent Office,
the 
by-laws on the use of the collective mark shall be available to 
the public on the website of the Patent Office.
Section 67. Refusal of the 
Registration of a Collective Mark
In addition to the provisions of Section 4, Paragraph one, 
Sections 6, 30, 32, 35, and 36 of this Law, the Patent
Office may 
also refuse the registration of a collective mark in the 
following cases:
1) the sign applied for does not conform to the provisions of 
Section 65, Paragraph one of this Law;
2) the applicant for a collective mark does not meet the 
provisions of Section 65, Paragraph three of this Law;
3) the requirements of Section 66 of this Law have not been 
complied with;
4) the sign applied for may mislead the public as to the 
character and nature of the collective mark, in particular if
it 
may be perceived as something other than a collective mark.
Section 68. Making Amendments to the 
By-laws on the Use of a Collective Mark
(1) The proprietor of a collective mark shall immediately 
notify the Patent Office in writing of all later amendments
to 
the by-laws on the use of the collective mark, except for 
amendments to the list of the persons who have the right
to use 
the collective mark if it is available to the public on the 
website, and shall pay the fee specified for
amendments to the 
by-laws on the use of the collective mark within a month from the 
day of submitting the
submission.
(2) The amendments applied for shall be made available by the 
Patent Office on its website, except where they are
in 
contradiction to the provisions of Section 66 of this Law.
(3) The amendments to the by-laws on the use of a collective 
mark shall enter into effect in respect of other
persons on the 
day when a notice on the amendments has been published in the 
official gazette of the Patent Office.
Section 69. Use of a Collective 
Mark
(1) The conditions of use, within the meaning of Section 26 of 
this Law, in respect of a collective mark shall be
considered 
complied with if, in accordance with the by-laws on the use of 
the collective mark, the collective mark is
genuinely used in any 
of the manners provided for in Section 26, Paragraph four or five 
of this Law by at least one of
the persons who have the right to 
use the collective mark.
(2) Rights to a collective mark may not be transferred to 
other persons. The right to use the collective mark may
not be 
transferred to other persons under a licensing agreement, unless 
otherwise specified by the by-laws on the use
of the collective 
mark.
Section 70. Infringement of the 
Rights to a Collective Mark
(1) The use of the signs referred to in Section 14, Paragraphs 
one and three, Section 16, Paragraph one, Section
18, Paragraph 
one, and Section 19, Paragraphs one and two of this Law in 
economic circulation without an
authorisation of the proprietor 
of the collective mark or in contradiction to the by-laws on the 
use of the collective
mark, taking into account also the 
restrictions specified in Sections 24, 25, 26, 52, and 53 of this 
Law, shall be
considered an infringement of the exclusive rights 
to a collective mark.
(2) The proprietor of a collective mark is entitled to bring a 
claim for the elimination of an infringement of the rights
to the 
collective mark. A person who has the right to use the collective 
mark has the same rights and obligations in a
case regarding the 
infringement of the rights to the collective mark as those 
specified in Section 51, Paragraphs two
and three of this Law for 
the licensee of the trade mark, unless otherwise specified by the 
by-laws on the use of the
collective mark.
(3) If an infringement of the exclusive rights to a collective 
mark has been established in a case, the proprietor of
the 
collective mark has the right to request application of the legal 
remedies specified in Section 54 of this Law, and
also, if he or 
she has an appropriate authorisation, the compensation in the 
name of the persons who have the right to
use the collective mark 
and who have suffered damage due to unlawful use of the 
collective mark.
Section 71. Termination of the 
Operation of a Collective Mark
(1) In addition to the grounds for a notice of opposition 
provided for in Section 43 of this Law, the interested
persons 
may submit, in accordance with the procedures laid down in 
Section 43 of this Law, a notice of opposition to
the 
registration of a collective mark in the following cases:
1) the registered collective mark does not conform to the 
requirements of Section 65, Paragraph one of this Law;
26
/
362) the proprietor of the collective mark does not meet the 
requirements of Section 65, Paragraph three of this Law;
3) the by-laws on the use of the collective mark do not 
conform to the requirements of Section 66 of this Law;
4) the registered sign may mislead consumers of goods or 
services as to the character and nature of the collective
mark, 
in particular if it may be perceived as something other than a 
collective mark.
(2) In addition to the provisions of Section 61 of this Law, 
the Industrial Property Board of Appeal or a court may
also 
invalidate the registration of a collective mark in the cases 
referred to in Paragraph one of this Section.
(3) In addition to the provisions of Section 63 of this Law, 
the Industrial Property Board of Appeal or a court may
revoke the 
registration of a collective mark if:
1) the proprietor of the collective mark is no longer present 
or no longer meets the requirements of Section 65,
Paragraph 
three of this Law;
2) the by-laws on the use of the collective mark no longer 
conform to the requirements of Section 66 of this Law
due to 
amendments made thereto;
3) the proprietor of the collective mark fails to take 
reasonable measures to prevent violations of the by-laws on
the 
use of the collective mark;
4) the manner in which the collective mark is used may lead to 
a situation where the collective mark misleads
consumers of goods 
or services as to the character and nature thereof, in particular 
if it may be perceived as
something other than a collective 
mark.
(4) An interested person may submit to the Industrial Property 
Board of Appeal a submission for the invalidation or
revocation 
of a collective mark or submit to a court a statement of claim 
for the revocation or invalidation of the
registration of a 
collective mark.
(5) If an interested person wishes to justify a submission for 
the invalidation or revocation of a collective mark or
bring a 
claim to a court for the revocation or invalidation of the 
registration of a collective mark on the basis of non-
conformity 
of the by-laws on the use of the collective mark with the 
specified requirements, the public order or the
generally 
accepted principles of morality (Section 66 of this Law), or an 
omission of the proprietor of the collective
mark in the case of 
a violation of the by-laws on the use of the collective mark 
(Paragraph three, Clause 3 of this
Section), this person may 
refer to the Industrial Property Board of Appeal or to the court 
if he or she has informed the
proprietor of the collective mark 
of his or her intention at least three months prior to submitting 
the submission or the
statement of claim by sending a warning in 
a registered postal item to the address indicated in the 
registration of the
collective mark.
(6) The registration of a collective mark shall not be 
invalidated or revoked in the case referred to in Paragraph five
of this Section if the proprietor of the collective mark has 
amended the by-laws on the use of the collective mark or
adjusted 
his or her action by eliminating the identified shortcomings 
before examination of the case on its merits has
been 
completed.
(7) If the Industrial Property Board of Appeal has received a 
notice of opposition to the registration of a collective
mark or 
a submission for the invalidation or revocation of a collective 
mark and it becomes aware that a court case
has been initiated in 
a dispute between the same parties on the same subject-matter and 
on the same grounds
relating to the invalidation or revocation of 
a collective mark, the Industrial Property Board of Appeal shall 
stay the
proceedings on the opposition case or examination of the 
submission until the final ruling of the court in that case
enters into effect.
[
9 February 2023
]
Chapter IX
Certification Mark
Section 72. Certification Mark and 
Holders of Rights Thereto
(1) A certification mark shall constitute a sign that is used 
to designate goods or services which the proprietor of
this mark 
has certified in respect of the material used, mode of 
manufacture of goods or mode of performance of
services, quality, 
accuracy or other characteristics of goods o services, and that 
allows to distinguish the relevant
goods or services from the 
goods or services which have not been certified in such a 
manner.
(2) A certification mark may be formed by a sign which 
conforms to the provisions of this Law for the kinds of
trade 
marks (Section 4 of this Law) and allows to distinguish goods or 
services certified by the proprietor of the
certification mark 
himself or herself or another person on behalf of the proprietor 
in respect of the material used, mode
of manufacture of goods or 
mode of performance of services, quality, accuracy or other 
characteristics of goods or
27
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36services from the goods or services 
which have not been certified in such a manner.
(3) A sign or indication which may be used in economic 
circulation in order to designate the geographical origin of
the 
goods or services may be registered as a certification mark 
without applying thereto the restriction specified in
Section 6, 
Paragraph one, Clause 3 of this Law. However, the registration of 
such certification mark shall not grant the
proprietor thereof 
the right to prohibit other persons from using such signs or 
indications in economic circulation,
taking into account the 
condition that such use corresponds to fair manufacturing 
practice and practice of economic
activity. The right of another 
person to use any geographical sign may not be contested on the 
basis of such
certification mark insofar as such use does not 
mislead consumers.
(4) The proprietor of a certification mark may be any natural 
or legal person, and also a legal person governed by
public law, 
provided that this person does not perform any economic activity 
related to the manufacturing or
distribution of such goods or 
provision of such services which he or she certifies. Upon 
applying the certification mark
for the registration, the 
applicant for a certification mark shall submit proof of the fact 
that he or she does not perform
any economic activity which is 
related to the manufacturing or distribution of such goods or 
provision of such services
which he or she certifies.
(5) The provisions of this Law for the principles of 
protection of a trade mark, the signs which may form a trade
mark, the grounds for refusal or invalidation of the registration 
of a trade mark, the exclusive rights of the proprietor of
the 
trade mark and the restrictions thereof, the rights to a trade 
mark as an object of property, the transfer of the rights
to a 
trade mark and licensing, the registration procedure for a trade 
mark, the civil liability for an infringement of the
rights to a 
trade mark, the termination of the operation of a trade mark, the 
international registration of a trade mark,
and the 
administrative liability in the field of protection of trade 
marks shall be applicable to a certification mark,
insofar as the 
abovementioned provisions are not in contradiction to the 
provisions of this Chapter.
Section 73. By-laws on the Use of a 
Certification Mark
(1) When applying a certification mark for the registration, 
the applicant for a certification mark shall indicate a law
or 
regulation governing the relevant certification procedures or 
submit the by-laws on the use of the certification mark
in 
addition to the materials and documents referred to in Section 30 
and Section 72, Paragraph four of this Law.
(2) The by-laws on the use of a certification mark shall:
1) indicate the criteria which the persons to whom the rights 
to use a certification mark may be granted should
meet and 
include a potential list of the certified products or services 
and of the relevant merchants and performers of
economic 
activity;
2) if the certification mark provided for in Section 72, 
Paragraph three of this Law is applied for, provide for a
possibility for persons to acquire the right to use the 
abovementioned certification mark, provided that the origin of
goods or services of such persons corresponds to the relevant 
geographical location and such persons comply with
the 
requirements of the by-laws on the use of the certification 
mark;
3) indicate the goods or services which are certified, and the 
characteristics of goods or services that are certified;
4) include the procedures for verifying characteristics of 
goods or services and granting the right to use the
certification 
mark;
5) include the conditions of use of the certification mark in 
relation to goods or services, a control mechanism to
ensure 
compliance with them, and sanctions for violation of such 
conditions.
(3) Instead of the list of products or services and of the 
relevant merchants and performers of economic activity
referred 
to in Paragraph two, Clause 1 of this Section, the applicant for 
a certification mark may indicate a website on
which the 
abovementioned list is available to the public on a permanent 
basis.
(4) The by-laws on the use of a certification mark may not be 
in contradiction to the public order or generally
accepted 
principles of morality.
(5) After a notice on registration of a certification mark has 
been published officially, the by-laws on the use of the
certification mark shall be available to the public on the 
website of the Patent Office.
Section 74. Refusal of Registration 
of a Certification Mark
In addition to the provisions of Section 4, Paragraph one, 
Sections 6, 30, 32, 35, and 36 of this Law, the Patent
Office may 
also refuse the registration of a certification mark in the 
following cases:
1) the sign applied for does not conform to the provisions of 
Section 72, Paragraph two of this Law;
2) the applicant for a certification mark does not conform to 
the provisions of Section 72, Paragraph four of this
Law;
3) the requirements of Section 73 of this Law have not been 
complied with; 
28
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364) the sign applied for may mislead the public as to the 
character and nature of the certification mark, in particular
if 
it may be perceived as something other than a certification 
mark.
Section 75. Making Amendments to the 
By-laws on the Use of a Certification Mark
(1) The proprietor of a certification mark shall immediately 
notify the Patent Office of all later amendments to the
by-laws 
on the use of the certification mark, except for amendments to 
the list of the persons and products or
services in respect of 
which there is a right to use the certification mark if it is 
available to the public on the website,
and shall pay the fee 
specified for amendments to the by-laws on the use of the 
certification mark within a month from
the day of submitting the 
submission.
(2) The amendments applied for shall be made available by the 
Patent Office on its website, except for the case
where they are 
in contradiction to the provisions of Section 73 of this Law.
(3) The amendments to the by-laws on the use of the 
certification mark shall enter into effect in respect of other
persons on the day when a notice on the amendments has been 
published in the official gazette of the Patent Office.
Section 76. Use of a Certification 
Mark
(1) The conditions of use, within the meaning of Section 26 of 
this Law, in respect of a certification mark shall be
considered 
complied with if the certification mark is actually used by at 
least one of the persons who have the right to
use it in any of 
the manners provided for in Section 26, Paragraph four or five of 
this Law and in accordance with a law
or regulation governing in 
detail the relevant certification procedures, or under the 
by-laws on the use of the
certification mark.
(2) The rights to a certification mark may only be transferred 
to a person who meets the requirements of Section
72, Paragraph 
four of this Law and has undertaken to comply with the law or 
regulation regarding the use of the
relevant certification 
procedure or certification mark.
Section 77. Infringement of the 
Rights to a Certification Mark
(1) The use of the signs referred to in Section 14, Paragraphs 
one and three, Section 16, Paragraph one, Section
18, Paragraph 
one, and Section 19, Paragraphs one and two of this Law in 
economic circulation without an
authorisation of the proprietor 
of the certification mark or in contradiction to the by-laws on 
the use of the certification
mark, taking into account also the 
restrictions specified in Sections 24, 25, 26, 52, and 53 of this 
Law, shall be
considered an infringement of the exclusive rights 
to a certification mark.
(2) The proprietor of a certification mark or a user of a 
certification mark with a special authorisation of the
proprietor 
of the certification mark is entitled to bring a claim for the 
elimination of the infringement of the rights to the
certification mark.
(3) If an infringement of the exclusive rights to a 
certification mark has been established in a case, the proprietor 
of
the certification mark has the right to request application of 
the legal remedies specified in Section 54 of this Law, and
also, 
if he or she has an appropriate authorisation, the compensation 
in the name of the persons who have the right to
use the 
certification mark and who have suffered damage due to unlawful 
use of the certification mark. A user of the
certification mark 
who has brought a claim with a special authorisation of the 
proprietor of the certification mark has
the right to request 
application of the legal remedies specified in Section 56 and 
Section 57, Paragraph one, Clause 4
of this Law.
Section 78. Termination of the 
Operation of a Certification Mark
(1) In addition to the grounds for a notice of opposition 
provided for in Section 43 of this Law, any person may, in
accordance with the procedures and within the time period laid 
down in Section 43 of this Law, submit a notice of
opposition to 
the registration of a certification mark in the following 
cases:
1) the certification mark does not conform to the requirements 
of Section 72, Paragraph two of this Law;
2) the proprietor of the certification mark does not meet the 
requirements of Section 72, Paragraph four of this Law;
3) the by-laws on the use of the certification mark do not 
conform to the requirements of Section 73 of this Law;
4) the registered sign may mislead a consumer of goods or 
services as to the character and nature of the
certification 
mark, in particular if it may be perceived as something other 
than a certification mark.
(2) In addition to the provisions of Section 61 of this Law, a 
certification mark may also be invalidated in the
following 
cases:
1) those referred to in Paragraph one of this Section;
2) when the evidence shows that the proprietor of the 
certification mark is not competent to conduct the relevant
29
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36certification;
3) when the proprietor of the certification mark has not 
ensured permanent access on its website to the list of the
products and manufacturers thereof which have the right to use 
the certification mark.
(3) In addition to the provisions of Section 63 of this Law, 
the registration of a certification mark may be revoked if:
1) a law or regulation prescribing the relevant certification 
procedures has been repealed;
2) the proprietor of the certification mark is no longer 
present or no longer meets the requirements of Section 72,
Paragraph four of this Law, or there is information that the 
proprietor of the certification mark is no longer competent to
conduct the relevant certification;
3) the by-laws on the use of the certification mark no longer 
conform to the requirements of Section 73 of this Law
due to the 
amendments made thereto;
4) the proprietor of the certification mark fails to take 
reasonable measures to prevent violations of the law or
regulation referred to in Section 73, Paragraph one of this Law 
or of the by-laws on the use of the certification mark;
5) the manner in which the certification mark is used may 
mislead the public as to the character and nature of the
certification mark, in particular if as a result of the use 
thereof it may be perceived as something other than a
certification mark.
(4) Any person may submit a submission to the Industrial 
Property Board of Appeal or a statement of claim to a
court for 
the revocation or invalidation of the registration of a 
certification mark.
(5) If an interested person wishes to justify a submission to 
the Industrial Property Board of Appeal or to bring a
claim to a 
court for the revocation or invalidation of the registration of a 
certification mark on the basis of non-
conformity of the by-laws 
on the use of the certification mark with the specified 
requirements, the public order or the
generally accepted 
principles of morality (Section 73 of this Law), or an omission 
of the proprietor of the certification
mark in the case of a 
violation of the relevant law or regulation or of the by-laws on 
the use of the certification mark
(Paragraph three, Clause 4 of 
this Section), this person may refer to the court if he or she 
has informed the proprietor
of the certification mark of his or 
her intention at least three months prior to submitting the 
statement of claim by
sending a warning in a registered postal 
item to the address of the proprietor of the certification mark 
indicated in the
Register.
(6) The registration of a certification mark shall not be 
invalidated or revoked in the case referred to in Paragraph
five 
of this Section if the proprietor of the certification mark has 
amended the by-laws on the use of the certification
mark or 
adjusted his or her actions by eliminating the identified 
shortcomings before examination of the case on its
merits has 
been completed.
(7) If the Industrial Property Board of Appeal has received a 
notice of opposition to the registration of a certification
mark 
or a submission for the invalidation or revocation of a 
certification mark and it becomes aware that a court case
has 
been initiated in a dispute between the same parties on the same 
subject-matter and on the same grounds
relating to the 
invalidation or revocation of a certification mark, the 
Industrial Property Board of Appeal shall stay the
proceedings on 
the opposition case or examination of the submission until the 
final ruling of the court in that case
enters into effect.
[
9 February 2023
]
Chapter X
International Registration of Trade Marks
Section 79. Application of this Law 
in Respect of the International Registration of a Trade Mark
(1) The provisions of this Law, in particular the provisions 
of Chapters II, III, and IV, Sections 32, 36, 42, 43, 46,
47, 48, 
and 49, Chapters VI, VII, VIII, and IX, with the necessary 
changes shall also apply to the international
registration of a 
trade mark and to a trade mark registered internationally 
designating Latvia, insofar as it is not
provided for otherwise 
in the rules on the international registration of trade marks or 
the provisions of this Chapter.
(2) Payment shall be made for applying for the international 
registration of a trade mark, for the registration thereof,
and 
for other activities related to the international registration in 
accordance with the procedures and in the amount laid
down in the 
rules on the international registration and the laws and 
regulations of Latvia.
(3) A person who handles the international registration 
procedure for a trade mark shall submit the documents
necessary 
for it, including a list of goods and services in respect of 
which the international registration is applied for,
in the 
English or French language as he or she may choose, except for 
the original submission for the wish to apply
for the 
international registration which is to be submitted in the 
Latvian language. Where necessary for the
30
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36communication with a 
foreign person for an international registration designating 
Latvia, the Patent Office shall handle
it in the English or 
French language, linking the choice of language, as much as 
possible, with the original language of
the application for 
international registration.
Section 80. Actions of the Patent 
Office in Relation to the Application for International 
Registration and
Registration of the Latvian Origin
(1) A trade mark shall be applied for international 
registration through the Patent Office if the country of origin
thereof, within the meaning of the rules on the international 
registration, is Latvia and it is based on a trade mark
registered or applied for registration in Latvia (basic 
registration, basic application), and also, where necessary, such
international registration shall later designate a wider 
territory.
(2) If, within the meaning of the rules on the international 
registration, the country of the proprietor of the trade mark
is 
Latvia, the proprietor of the trade mark may, through the Patent 
Office, make amendments to the international
registration, renew 
the international registration (re-register for a new validity 
period), withdraw the designations thereof
to individual member 
states of the international registration system, or remove the 
trade mark from the international
register of trade marks.
(3) The Patent Office shall, within five years from the date 
of international registration of a trade mark, notify the
International Office of any administrative or court ruling which 
has entered into effect and affects the validity of any
national 
registration (of a trade mark registered in Latvia, the basic 
registration) on which the international registration
is based or 
the status of the application for registration (basic 
application).
Section 81. International 
Registration Designating Latvia
(1) The Patent Office shall, within the period provided for in 
the rules on the international registration, examine a
designation of a trade mark registered internationally to Latvia 
by verifying the conformity thereof with the
requirements of 
Sections 4, 6, 8, and 32 of this Law.
(2) Where the registration of a collective mark designates 
Latvia, the Patent Office shall also examine the
conformity 
thereof with the requirements of Sections 66 and 67 of this Law, 
but in respect of a certification mark - also
the conformity 
thereof with the requirements of Sections 73 and 74 of this 
Law.
(3) A notice of opposition to the entry into effect of an 
international registration of a trade mark in Latvia which has
been provided for in Section 43 of this Law shall be submitted 
within three months from the day of official publication
of a 
notice on the registration of the trade mark in respect of Latvia 
or later territorial designation of an international
registration 
to Latvia in the official gazette of international registration 
of trade marks.
(4) If the Patent Office establishes that an international 
registration or a later designation thereof to Latvia does not
conform to the requirements of Paragraph one of this Section, 
where applicable also taking into account the provisions
of 
Paragraph two of this Section, or if an opposition is submitted 
to the designation of this registration to Latvia, and
an 
opposition case has been initiated, the Patent Office shall, in 
accordance with the procedures laid down in the rules
on the 
international registration, send to the International Office a 
temporary refusal of the protection of an
international 
registration. The temporary refusal of the protection of an 
international registration may be based on one
or more of the 
reasons referred to in this Law.
(5) Within three months from the day when the International 
Office has notified the proprietor of the internationally
registered trade mark of the temporary refusal of protection in 
Latvia, the proprietor of the trade mark is entitled to:
1) eliminate the identified shortcomings and provide a reply 
to the reasons for the temporary refusal indicated by
the Patent 
Office if the temporary refusal of the international registration 
only refers to the formal shortcomings or
absolute grounds for 
the refusal established by the Patent Office;
2) submit a reply to the opposition.
(6) If the proprietor of the internationally registered 
submits a reply which does not eliminate the grounds for the
temporary refusal of protection, the Patent Office shall maintain 
the refusal of protection of an international
registration. The 
Industrial Property Board of Appeal does not have an obligation 
to examine an opposition case if the
proprietor of the 
internationally registered trade mark has not eliminated the 
formal shortcomings or absolute grounds
for the refusal indicated 
by the Patent Office.
(7) If upon examining an international registration of a trade 
mark designating Latvia, no grounds have been
established for the 
refusal of its protection in Latvia or if such grounds were 
established but have been eliminated, or if
the refusal of 
protection only refers to a part of the list of goods and 
services of the international registration, the
Patent Office 
shall notify the International Office of granting protection in 
Latvia to this internationally registered trade
mark. If a 
temporary refusal of protection of the international registration 
has been issued previously, but examination
of this dispute has 
resulted in a decision of the Patent Office or the Industrial 
Property Board of Appeal, or a court
ruling which has entered 
into effect, the Patent Office shall immediately notify the 
International Office thereof.
Section 82. Validity of an 
International Registration in Latvia
31
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36(1) Exclusive rights of the proprietor of the trade mark 
registered internationally in Latvia in the relevant scope shall
enter into effect from the day when a statement of grant of 
protection in Latvia to this trade mark registered
internationally has been published in the official gazette of the 
international registration of trade marks. Starting from
this 
date the five-year period provided for in Section 26 of this Law 
shall commence during which the proprietor of the
trade mark 
should start the actual use of the trade mark in Latvia.
(2) A trade mark the international registration of which has 
entered into effect in Latvia, in accordance with the
procedures 
laid down in Paragraph one of this Section, shall have the same 
legal consequences as a trade mark
which has been included in the 
Register in accordance with the procedures laid down in this Law 
(registered with the
Patent Office in accordance with the 
national procedures).
(3) Priority of a trade mark registered internationally in 
Latvia shall be determined from the day when the
international 
registration thereof has designated Latvia, but if the right of 
Convention priority has been granted to the
trade mark in the 
international registration procedure - from the date of the 
earlier application for registration thereof,
but if the right of 
exhibition priority has been granted - from the day when it has 
been exhibited at an international
exhibition in relation to 
goods or services. If the international registration of a trade 
mark has designated Latvia later
than the day of international 
registration thereof, the priority shall be determined from the 
day when it designates
Latvia. If an international registration 
has entered into effect in Latvia and replaces, upon request of 
the proprietor of
the relevant trade mark and in accordance with 
the rules on the international registration, an earlier 
registration of the
same trade mark conducted by the Patent 
Office, the date of the earlier application for registration 
conducted in
accordance with the national procedures and the date 
of priority shall be attributed to the trade mark registered
internationally when determining the priority thereof. If the 
date of priority has not been verified in the procedure for the
examination of the application for registration and the 
international registration of the trade mark has been involved in
an ongoing dispute in Latvia the outcome of which may depend on 
the existence of the right of priority, the proprietor
of the 
trade mark registered internationally has an obligation to prove 
this right.
(4) The Patent Office shall, in accordance with the procedures 
laid down in the rules on the international
registration, notify 
the International Office of a decision of the Patent Office or 
the Industrial Property Board of Appeal,
or a court ruling which 
has entered into effect and under which the international 
registration of a trade mark in Latvia
has been invalidated or 
revoked in whole or in part.
Chapter XI
European Union Trade Mark
Section 83. Action of the Patent 
Office in Relation to the Registration Procedure for a European 
Union
Trade Mark
(1) The functions of the central industrial property office of 
a European Union Member State provided for in
Regulation (EU) 
2017/1001 shall be performed in Latvia by the Patent Office.
(2) In accordance with Article 110(2) of Regulation (EU) 
2017/1001, the Patent Office shall certify authenticity of
decisions of the European Union Office for the compulsory 
enforcement thereof in Latvia.
Section 84. Legal Effect of the 
Registration of a European Union Trade Mark in Latvia
(1) Exclusive rights to a trade mark in Latvia shall also be 
ensured by the registration of a European Union trade
mark. The 
scope of protection of a European Union trade mark shall be 
determined by Regulation (EU) 2017/1001.
(2) If seniority has been granted to a European Union trade 
mark, in accordance with Article 42 or 43 of Regulation
(EU) 
2017/1001 on the basis of an appropriate earlier trade mark 
registered in Latvia or internationally and designating
Latvia, 
and there is evidence of the grounds for seniority, then the date 
of the application for registration of a trade
mark registered in 
Latvia or the date of the registration of a trade mark registered 
internationally, or, where applicable,
the date of a later 
designation of Latvia, and also the date of the Convention 
priority or exhibition priority granted to
such registration 
reasonably (Section 82, Paragraph three of this Law) shall be 
attributed to such European Union
trade mark when determining the 
priority thereof. Seniority granted to the European Union trade 
mark shall be retained
if the validity period of the registration 
on which it is based expires or if the trade mark registered in 
Latvia is removed
from the Register due to the proprietor 
surrendering the registration, the trade mark registered 
internationally is
removed from the international register of 
trade marks due to the proprietor surrendering the registration, 
or its
designation of Latvia has been withdrawn.
(3) The registration of a trade mark which has set the basis 
for the seniority of a European Union trade mark may
be 
invalidated or revoked also after the validity period of this 
registration has expired or when a trade mark registered
in 
Latvia has been removed from the Register due to the proprietor 
surrendering the registration, the trade mark
registered 
internationally is removed from the international register of 
trade marks due to the proprietor surrendering
the registration, 
or its designation of Latvia has been withdrawn, provided that 
the relevant grounds for the invalidation
or revocation of the 
registration of the trade mark were present during the validity 
period of this registration. In this
case the European Union 
trade mark shall lose seniority in Latvia. 
32
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36case the European Union 
trade mark shall lose seniority in Latvia.
Section 85. Additional Provisions 
for the Protection of a European Union Trade Mark
(1) If the rights to a European Union trade mark are 
infringed, the provisions of Chapter VI of this Law and of other
laws and regulations shall be applicable, insofar as it is not 
laid down otherwise in Regulation (EU) 2017/1001.
(2) If, on the basis of the rights arising from the 
registration of a European Union trade mark, the registration of 
a
later trade mark is contested and this registration has been 
conducted in accordance with the procedures for
registering a 
trade mark laid down in this Law, or, in accordance with the 
rules on the international registration and
designating Latvia, 
the provisions of Section 12 of this Law regarding the 
restrictions of rights as a result of
acquiescence shall be taken 
into account.
Section 86. Additional Provisions 
for the Use of a European Union Trade Mark
(1) If, on the basis of an earlier European Union trade mark, 
a notice of opposition to the registration of a trade
mark has 
been submitted (Section 43, Paragraph one or Section 81, 
Paragraph three of this Law) and an opposition
case has been 
initiated, but the proprietor of the contested trade mark 
exercises the right to call for evidence as to the
actual use of 
the European Union trade mark (Section 43, Paragraph five of this 
Law), the provisions of Article 18 of
Regulation (EU) 2017/1001 
shall be complied with.
(2) If, in accordance with the provisions of Article 24 of 
Regulation (EU) 2017/1001, a European Union trade mark
has been 
involved in the legal protection proceedings or insolvency 
proceedings of the proprietor thereof in Latvia, the
European 
Union Office may be asked to, on the basis of a court ruling, 
make the necessary note in the register of the
European Union 
trade marks or, if the European Union trade mark has not been 
registered yet, in the materials of the
application for 
registration thereof.
Section 87. Conversion of a European 
Union Trade Mark into the Application for Registration of a Trade
Mark in Latvia
(1) If a request for conversion of a European Union trade mark 
is received from the European Union Office in
accordance with the 
provisions of Article 140(5) of Regulation (EU) 2017/1001, the 
Patent Office shall invite the
submitter of this request for 
conversion to perform the activities referred to in Article 
141(3) of Regulation (EU)
2017/1001 within three months, 
including to pay the fee specified in Section 31 of this Law for 
the application for
registration and, where necessary, the 
additional fee. The application for registration submitted in 
accordance with the
procedures for the national registration 
procedure may not be transformed into the request for conversion 
of a
European Union trade mark.
(2) If the submitter of a request for conversion has complied 
with the requirements specified in Paragraph one of
this Section, 
a request for conversion of a European Union trade mark shall be 
considered as the application for
registration of a trade mark in 
Latvia and the provisions of Chapter V of this Law shall be 
applicable thereto in the
future, provided that the date of the 
original application for registration of the European Union trade 
mark is considered
the date of this application for registration 
and, where necessary, the relevant date of the Convention 
priority or
exhibition priority, and also the date of seniority 
which is based on an appropriate earlier trade mark registered in
Latvia or internationally and designating Latvia are registered 
in the registration data.
Chapter XII
Indications of Geographical Origin
Section 88. Scope of Legal 
Protection of Indications of Geographical Origin
(1) In accordance with the provisions of this Chapter, an 
indication of geographical origin shall be protected without
its 
registration.
(2) A geographical name and a designation of geographical 
nature which are not perceived by consumers and
market operators 
in relation to the specific origin of goods or services shall not 
be considered as an indication of
geographical origin within the 
meaning of this Law and shall not be protected.
(3) It is prohibited to use a false indication of geographical 
origin in economic circulation or a sign similar thereto in
relation to the goods or services the origin of which is not the 
geographical place or territory to which this an indication
of 
geographical origin refers, and the use of this indication or 
sign may mislead consumers as to the geographical
origin of the 
goods or services.
(4) If goods or services that are usually marked by an 
indication of geographical origin are perceived by market
operators as having special quality or special characteristics, 
the use of such indication of geographical origin in
economic 
circulation shall only be acceptable in relation to the goods or 
services of the specified origin which have
the relevant quality 
or characteristics.
(5) If an indication of geographical origin is well known and 
enjoys a special reputation among market operators,
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36the use of 
such indication or an indication similar thereto in economic 
circulation in relation to the goods or services of
other origin 
shall not be acceptable, even in the cases where it does not 
mislead as to the geographical origin of the
goods or services, 
but allows to take unfair advantage of, or is detrimental to the 
reputation or distinctive character of
the indication of 
geographical origin.
(6) The Cabinet shall determine the procedures for 
registering, protecting, and supervising geographical indications
of agricultural products and foodstuffs in accordance with the 
European Union framework.
Section 89. Criteria for Determining 
Origin of Goods and Services
(1) The origin of goods shall be determined by the place of 
manufacture or by the place of origin of the basic raw
materials 
or of the main components of these goods.
(2) The origin of services shall be determined by the location 
of their provider in accordance with the entry into the
Commercial Register or by the place of residence of the natural 
person who performs economic activity.
(3) The criteria for assessment shall be established case by 
case depending on the impact thereof on the
reputation of the 
relevant goods or services. Taking into account this reputation 
and consumer perception, a local and
regional indication of 
geographical origin may be considered true if it is true in 
respect of the origin of the goods or
services when assessing in 
a wider region or country in the whole.
Section 90. Civil Liability for 
Unlawful Use of Indications of Geographical Origin
(1) Use of signs in economic circulation in contradiction to 
the provisions of Section 88, Paragraphs three, four,
and five of 
this Law shall be considered an infringement of the rights to an 
indication of geographical origin.
(2) A claim for the elimination of an infringement of the 
rights to an indication of geographical origin may be brought
by 
an interested person, including a professional association, an 
association of manufacturers, trade or service
providers the 
articles of association of which provide for the protection of 
economic interests of the association, the
State, a local 
government, and also institutions and organisations enforcing 
protection of the rights of consumers.
(3) The same legal remedies as those provided for in the case 
of the infringement of the rights to a trade mark
shall be 
applicable to a case regarding the elimination of an infringement 
of the rights to an indication of geographical
origin.
Chapter XIII
Administrative Offences in the Field of Protection of Trade Marks 
and
Indications of Geographical Origin and Competence in the 
Administrative
Offence Proceedings
Section 91. Administrative Offences 
in the Field of Protection of Trade Marks and Indications of
Geographical Origin
(1) For using a sign in relation to goods or services which is 
identical to a valid trade mark registered for the same
kind of 
goods or services or which in its essential elements cannot be 
distinguished from such trade mark if such sign
is used without a 
relevant authorisation of the proprietor of the trade mark, or 
for the manufacturing of such goods,
offering for sale or selling 
of goods or services, or otherwise distributing them on the 
market and storing for the
abovementioned purposes, a fine from 
fifty-six to one hundred and forty units of fine shall be imposed 
on a natural
person, but a fine from two hundred and eighty to 
two thousand eight hundred units of fine - on a legal person.
(2) For infringing the requirements laid down in the laws and 
regulations in relation to the use of geographical
indications of 
agricultural products and foodstuffs protected in the European 
Union, a fine from twenty-eight to seventy
units of fine shall be 
imposed on a natural person, but a fine from one hundred and 
forty to one thousand four hundred
units of fine - on a legal 
person.
(3) For manufacturing, distributing, selling, or offering for 
sale (also separately from goods or services) a labelling
or 
accompanying documentation, including packaging, a tag, a 
sticker, a brochure, instructions for use, a guarantee
document, 
or another similar product which infringes rights to a trade mark 
or indication of geographical origin and in
which, without the 
relevant consent of the proprietor of the trade mark or in 
contradiction to the rules on the legal
protection of indications 
of geographical origin, a registered and valid trade mark or 
indication of geographical origin
has been indicated, or a name 
or sign which in its essential elements cannot be distinguished 
from such trade mark or
indication of geographical origin and 
which may be used in relation to the goods or services of the 
same kind which
have a protected trade mark or indication of 
geographical origin, a fine of up to seventy units of fine shall 
be imposed
on a natural person, but a fine of up to six hundred 
units of fine - on a legal person.
Section 92. Competence within the 
Administrative Offence Proceedings
(1) Administrative offence proceedings for the offences 
referred to in Section 91, Paragraphs one and three of this 
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36(1) Administrative offence proceedings for the offences 
referred to in Section 91, Paragraphs one and three of this
Law 
shall be conducted by the State Police.
(2) Administrative offence proceedings for the offence 
referred to in Section 91, Paragraph two of this Law shall be
conducted by the Food and Veterinary Service.
Transitional Provisions
1. With the coming into force of this Law, the law On Trade 
Marks and Indications of Geographical Origin (
Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs
, 1999, 
No. 14; 2001, No. 23; 2004, No. 23; 2007, No. 6; 
Latvijas
Vēstnesis
, 2010, No. 174; 2014, Nos. 140, 251; 2015, No. 
240) is repealed.
2. Such registration procedures for trade marks and such 
preconditions for the registration of the trade marks
which were 
in effect on the day when the application for registration was 
submitted or from which the international
registration of the 
trade mark designates Latvia shall be applicable to the trade 
marks which were applied for the
registration with the Patent 
Office or the international registration of which designated 
Latvia prior to the coming into
force of this Law.
3. If a European Union trade mark has been registered or 
applied for the registration before 1 May 2004, the priority
thereof in Latvia shall be determined from 1 May 2004.
4. If a trade mark which by its very nature is a certification 
mark has been applied for the registration or has
already been 
registered as an individual trade mark by the day this Law comes 
into force, the applicant for this trade
mark or the proprietor 
of the registered trade mark may request to include this trade 
mark into the Register as a
certification mark, paying the fee 
specified for making of amendments to the application for 
registration or registration
information. If the applicant for a 
trade mark or the proprietor of the registered trade mark submits 
such a request by 1
March 2023, the Patent Office shall request 
to submit the documents provided for in Section 73 of this Law, 
and
special fees specified in respect of certification marks 
shall not be applied to the registration procedure. If such
amendments are made to the application for registration or the 
Register, they shall be published on the website of the
Patent 
Office and in the official gazette of the Patent Office.
5. If the application for registration is based on a request 
for conversion in accordance with Section 87, Paragraph
two of 
this Law, but the relevant Community trade mark has been 
registered or applied for registration before 1 May
2004, the 
date of such application for registration in Latvia shall be 
considered to be 1 May 2004 and the priority
granted to the 
Community trade mark shall not be taken into account.
6. The Cabinet shall, by 31 December 2020, issue the 
regulations referred to in Section 88, Paragraph six of this
Law. 
Until the coming into force of these regulations but not later 
than until 31 December 2020, Cabinet Regulation No.
767 of 22 
December 2015, Procedures for Registering, Protecting and 
Supervising Geographical Indications,
Designations of Origin and 
Traditional Specialities Guaranteed of Agricultural Products and 
Foodstuffs, shall be in
force, insofar as it is not in 
contradiction to this Law.
7. Chapter XIII of this Law shall come into force concurrently 
with the Law on Administrative Liability.
Informative Reference to European 
Union Directives
This Law contains legal norms arising from:
1) Directive (EU) 2015/2436 of the European Parliament and of 
the Council of 16 December 2015 to approximate
the laws of the 
Member States relating to trade marks;
2) Directive 2004/48/EC of the European Parliament and of the 
Council of 29 April 2004 on the enforcement of
intellectual 
property rights.
The Law has been adopted by the 
Saeima
 on 6 February 
2020.
President E. Levits
Rīga, 21 February 2020
1
 The Parliament of the Republic of 
Latvia
2
 The term used in Latvian "ģeogrāfiskās 
izcelsmes norāde" cannot be translated as a single term in 
English, as
there are substantial differences between the scope 
of the object of protection understood thereby in the regulatory
framework of Latvia and the EU. Therefore, in English two 
different terms must be used: "indication of geographical
origin" 
which corresponds to the Latvian regulatory framework and 
"geographical indication" which corresponds to the
meaning in the 
EU legal acts.
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