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14 December 2018

A small step and a giant leap for the Latvian Patent Office

Over the past year, creating a new legislative reality and increasing quality have been core focuses for the Latvian Patent Office.

20 March 2018

US Customs head confirmed, Latvia trims WHOIS data and trademark offers Cambridge Analytica clues: news round-up

In our latest round-up, we look at how a trademark scammer has rebranded, how a trademark may offer clues on the company that has hit headlines across the world, Cambridge Analytica, and much more.

04 November 2015

New act set to bring significant changes to IP proceedings

The new Industrial Property Institutions and Procedures Act will enter into force on January 1 2016, bringing some significant changes to IP procedures in the country. Among other things, the timeframe to reply to an opposition has been reduced from three to two months; moreover, appeal proceedings will no longer be dealt with within an administrative procedure, but will be subject to separate de novo civil court proceedings.

26 September 2014

McDonald's invalidates registration of figurative MCAFE mark

The Board of Appeals of the Patent Office has held that the figurative mark MCAFE was invalid for “flour and preparations made from cereals, bread, pastry and confectionery; chocolate and chocolate products” in Class 30, “retail services of food products” in Class 35 and restaurant services in Class 43, finding that there was a likelihood of confusion with McDonald’s MCCAFE marks. However, the MCAFE mark is still valid for “retail services of alcoholic beverages and tobacco” in Class 35.

23 June 2010

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.

24 April 2009

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.

23 January 2007

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.

07 December 2005

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.

01 September 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.

18 March 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.

29 June 2004

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.

28 January 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.

23 April 2003

Refusal of trademark cancellation correct, rules Supreme Court's Senate

The Senate of the Supreme Court of Latvia has upheld a Supreme Court ruling rejecting an action to cancel the registration of the mark AAA BALTIC SERVICE COMPANY for non-use. The senate held that the Supreme Court had not erred in holding that the mark had been used in Latvia.