Region: Latvia

IP provisions of Administrative Violations Code amended

Latvia has recently adopted a number of amendments to the provisions of the Administrative Violations Code that relate to the infringement of IP rights. Among other things, Article 166(17) of the code, which was previously limited to trademark infringement, now also includes provisions on design infringement.

03 February 2011

Opposition fails but LUNA dispute continues

The dispute between the owners of the trademarks LUNA and BLUNA is still ongoing before the Riga District Court. In 2008 the Board of Appeal had dismissed the plaintiffs' opposition against the registration of the mark LUNA, finding that there was no likelihood of confusion with BLUNA. However, the plaintiffs subsequently filed an action for the cancellation of the LUNA mark based on the same grounds as the failed opposition.

23 June 2010

Opposition to registration of MONT BLANC for cigarettes goes up in smoke

The Supreme Court Senate has upheld a decision of the Riga District Court in which the latter had dismissed an opposition filed by Montblanc-Simplo GmbH, the owner of the well-known MONTBLANC marks for stationery, against the registration of the mark MONT BLANC for tobacco articles and cigarettes.

24 April 2009

NATURE'S PERFECT FORMULA finds right formula for registration

Following re-examination, the Latvian Patent and Trademark Office has allowed the registration of the mark NATURE'S PERFECT FORMULA filed by perfume and cosmetics manufacturer JSC Dzintars. The office agreed that the approach used in the previous examination proceeding, whereby the examiner analyzed each separate word making up the trademark rather than the mark as a whole, was incorrect.

23 January 2007

THE OLYMPICS loses to OLIMPS in Latvia

The Board of Appeals of the Latvian Patent and Trademark Office has rejected the International Olympic Committee's opposition against the registration of the trademark OLIMPS filed by the Latvian company Cido P&#257rtikas Grupa. The board concluded that the marks differ visually, phonetically, graphically and in meaning. As a result, there was no likelihood of confusion.

07 December 2005

Registration of mark similar to INN prohibited

The Board of Appeals of the Latvian Patent and Trademark Office has upheld an opposition to the registration of the mark METAZIDIN in respect of pharmaceutical preparations on the grounds that the name is very similar to an international non-proprietary name for pharmaceutical substances.

01 September 2005

ST JOHN'S applicant succeeds in crusade against provisional refusal

The Latvian Patent and Trademark Office has overturned its earlier decision to refuse the registration of the mark ST JOHN'S for alcoholic beverages. It rejected a provisional ruling that registration of a saint's name for such goods breached public order and moral principles, basing its decision on, among other things, a list of third-party marks registered for alcoholic beverages, which also contain the names of saints.

18 March 2005

Revised Latvian Trademark Law implemented

The Latvian Trademark Law has been amended to comply with the Community Trademark Directive, the Community Trademark Regulation and the Agreement on Trade-Related Aspects of Intellectual Property Rights. A special new chapter determines the relationship between national and Community trademarks. The revised law came into force on May 1.

29 June 2004

ALLROAD makes inroads into Latvia

An examiner at the Latvian Patent and Trademark Office has overturned a decision to provisionally refuse registration of the mark ALLROAD for goods in Class 12 of the Nice Classification. The decision may prove to be a useful precedent for parties wishing to register as trademarks invented terms featuring English words.

28 January 2004

Aquatex complaint sunk by district court

In <i>Aquatex Baltija v SIA 'Juras vej&#154;'</i>, the District Court for Riga has, for the first time, ruled on a conflict between a trademark and a domain name. The court refused to order the cancellation of the defendant's 'aquatex.lv' domain name holding that although the plaintiff owns a Latvian registration for AQUATEX, the defendant registered its domain name before the plaintiff registered its trademark.

18 September 2003

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