Submission of a notice for a declaration of invalidity of a trademark registration

Published: 11.03.2023.
Updated: 06.02.2024.

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Any person

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Receiving restrictions

Description:

If there are no valid reasons to decide otherwise, the examination of the notice for a declaration of invalidity on its merits in the written procedure shall be completed on the same day which has been determined as the time period by which additions to a response to the notice shall be submitted. If the examination of a matter in the oral procedure is determined, at least a month in advance, the Board of Appeal notifies the participants in the matter of the day, time, and place of the session of the Board of Appeal. A motivated decision by which a dispute is resolved on its merits shall be rendered by the Board of Appeal not later than within one month after the day when the examination of the matter in the written procedure has been completed, or when the session of the Board of Appeal, at the end of which the decision was taken, took place.

Description:

The notice for a declaration of invalidity of a trade mark registration may be submitted by persons who are the owners of earlier rights or their successors, as specified in the applicable provisions; in certain cases, an opposition may be raised by any person (including by the professional association or association of manufacturers, traders or providers of services, as well as by an authority, whose purpose according to the laws and regulations is the protection of the rights of consumers).

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The Industrial Property Board of Appeal shall examine the notice for a declaration of invalidity of the registration of a trade mark. Interested persons may submit a notice of a declaration of invalidity after the expiry of the time limit for filing a notice of opposition, namely after the expiry of three months from the date of the official publication of the trade mark. A notice may be filed in presence, by post or electronically with a secure electronic signature. If the notice is satisfied, the registration of the trade mark shall be declared invalid from the date of registration thereof. The registration may also be declared invalid partially.

Process description
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Process description

Service request
For the receipt of a service the notice for a declaration of invalidity of the registration of a trade mark shall be submitted. The notice shall be appended with documents and other evidence confirming: 1) payment of the fee for submitting the notice for a declaration of invalidity; 2) the circumstances on which the notice for a declaration of invalidity is based.
Receipt of service
The Industrial Property Board of Appeal shall draw up a reasoned decision no later than one month from the date on which the examination of the matter in the written procedure has been completed, or when the session of the Industrial Property Board of Appeal took place. The Industrial Property Board of Appeal shall send a copy of the decision to the parties on the decision day or on the next working day. The party may, upon request, receive a copy of the decision on the premises of the Industrial Property Board of Appeal.

Regulations

Payments

Position	Price
Submission of a notice for a declaration of invalidity of a trademark registration	214.90 EUR

The application can be submitted electronically, using E-address or e-mail address pasts@lrpv.gov.lv, if the application is signed with a secure electronic signature (if the application does not contain special categories of personal data), as well as in person.