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Latvia - New Trademark Law

A new Law on Trademarks and Geographical Indications has been enacted in Latvia, which is designed to comply with the TRIPS agreement and to bring Latvian trademark law into closer harmony with the laws in the European Union. The principal features of the new law are summarized below.

1) The new law provides protection for geographical indications without their prior registration.

2) Although there were provisions for the protection of collective marks in the previous law of 1993, these have been expanded and elaborated in the new law.

3) A trademark application clearly filed in bad faith shall be refused and a registration granted on an application filed in bad faith shall be subject to cancellation, regardless of when such application was filed or registration obtained.

4) The owner of a trademark registered in a country party to the Paris Convention may seek cancellation of a registration in Latvia, if an unauthorized agent or representative obtained such registration, without justification, regardless of when such registration was granted to the agent or representative.

5) The new law broadens the protection granted to well-known marks. Under the former law, a well-known mark was protected against an identical or similar mark if the goods or services covered by the latter were the same or similar. Under the new law, the owner of a well-known mark may prevent the use or registration of an identical or similar mark covering dissimilar goods, if the use of the junior mark may cause confusion and be detrimental to the interests of the owner of the well-known mark.

6) It is now possible for an applicant whose application has been opposed on the basis of a mark which has been registered for 5 years or more to request the opposer to submit evidence of use of his mark. In the absence of clear and sufficient evidence of use, the opposition will be rejected.

7) Under the new law, the owner of a registered mark may address a warning letter to an alleged infringer, and the receipt of such letter will be weighed as a factor by the courts in considering the degree of the infringer's liability.

8) A trademark owner who has been aware of and has acquiesced to the use and registration of a conflicting mark for a period of 5 years may not thereafter object to the use and registration of the junior mark, unless he shows bad faith.


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