LIECHTENSTEIN
Trade Marks Regulations
amended by the law of April 1, 1997
ENTRY INTO FORCE: March 31, 1997
TABLE OF CONTENTS
I. General Stipulations
Article 1 Jurisdiction
Article 2 Calculation of a time limit
Article 3 Language
Article 4 Several parties registering a trade mark or several proprietors
Article 5 Representation
Article 6 Signature
Article 7 Fees
II. Registration of Trade Marks
A. Registration procedure
Article 8 Registration
Article 9 Application for registration
Article 10 Trade mark reproduction
Article 11 Index of goods and services
Article 12 Priority according to the Paris Convention for the Protection
of Industrial Property
Article 13 Exhibition priority
Article 14 Common stipulations relating to the priority declaration and
priority document
Article 15 Initial examination
Article 16 Formal examination
Article 17 Substantive examination
Article 18 Registration and additional fees
Article 19 Registration and publication
B. Extending Trade Mark Registration
Article 20 Notification of the expiration of the period of validity
Article 21 Extension
C. Changes to Trade Mark Registration
Article 22 Assignment
Article 23 Licence
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Article 24 Other changes to the trade mark registration
Article 25 Cancellation of third party rights
Article 26 Alterations
Article 27 Submitting the application, payment of fees
Article 28 Free-of-charge alterations
D. Cancellation of Trade Mark Registration
Article 29
III. Document File and Trade Mark Register
A. Document File
Article 30 Content
Article 31 Inspection of files
Article 32 Information on applications for registration
Article 33 Retention of records
B. Trade Mark Register
Article 34 Register contents
Article 35 Viewing; extracts from register; priority document
IV. Department of National Economy Publications
Article 36 Subject of publications
Article 37 Publication journals
V. Search
Article 38 Search for identical and similar trade marks
Article 39 Investigating trade marks belonging to specific persons
VI. International Trade Mark Registration
Article 40 Submitting an application
Article 41 Examination by the Department of National Economy
Article 42 Document file
VII. Manufacturer’s Mark
Article 43 Manufacturer’s mark
VIII. Export and Import Measures
Article 44 Bonded warehouse
Article 45 Application for assistance
Article 46 Retention of goods
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Article 47 Fees
IX Transitional and final Provisions
Article 48 Time limits
Article 49 Priority of use
Article 50 Cancellation of the existing Law
Article 51 Coming into force
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I. General Stipulations
Article 1 Jurisdiction
1) The Department of National Economy is directly responsible for
implementing administrative legal matters attached to the Trade Mark
Protection Law.
2) Jurisdictions for dealing with measures relating to import and export
are reserved.
3) If a proprietor of an older trade mark invokes a relative prohibiting
reason in accordance with Article 3, Para. 3 of the Trade Mark Protection
Law, the jurisdiction of the Department of National Economy shall also
extend to the assessment of the identity with or similarity to community
trade marks.
4) If a trade mark is identical with or similar to an older community
trade mark within the meaning of Article 3, Para. 2 of the Trade Mark
Protection Law, it is barred from registration or shall be declared invalid
if registered.
5) The same applies if a mark is to be registered or has been registered
for goods or services which are not similar to those for which the older
community mark is known and the use of the more recent mark would unfairly
use or prejudice the distinction or the assessment of the value of the
older community mark without a justifiable reason.
Article 2 Calculation of a time limit
If a time limit laid down in the Trade Mark Protection Law or in this
Decree is calculated in months or years and a notice is received or the
triggering event occurs on the last day of a month, the time set ends
on the last day of the month in which it lapses.
Article 3 Language
1) Information submitted to the Department of National Economy must be
written in the German language. Right is reserved relating to the provisions
of Article 40, Paras. 3 and 4 (international registrations).
2) The Department of National Economy may request attested translations
of any documentary evidence which is not written in the German language;
rightisreservedrelatingtotheprovisionsofArticle14,Para.3(language
of the priority document). The document shall not be considered if no
translation or its attestation is not provided in spite of a notice
requesting it having been sent.
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Article 4 Several parties registering a trade mark or several proprietors
1) If several parties register a trade mark or are proprietors of a trade
mark, the Department of National Economy can request them to designate
one of them or a third party as a joint representative.
2) If no representative is designated in response to such a request from
the National Economy Office, the first person named in the application
for registration or the trade mark register shall be regarded as the
representative.
Article 5 Representation
1) Whoever appoints a representative in proceedings before the Department
of National Economy relating to the Trade Mark Protection Law or this
Decree or must appoint him in accordance with Article 39 of the Trade
Mark Protection Law or Article 4, Para. 1 of this Decree, must submit
an appropriate power of attorney.
2) The party filing a trade mark or the proprietor of a trade mark for
whom a representative has been appointed in accordance with Article 39
of the Trade Mark Protection Law can address a request for withdrawing
an application for registration and an application for complete
cancellation of trade mark registration direct to the Department of
National Economy.
Article 6 Signature
If a signature is missing on a request, the original entry date shall
be accepted if the original is forwarded within 14 days after a requesting
notice from the Department of National Economy.
Article 7 Fees
The Decree which provides rules on the levying of fees in accordance with
the Trade Mark Protection Law applies in respect of the fees which are
payable in accordance with the Trade Mark Protection Law or this Decree.
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II. Registration of Trade Marks
A. Registration procedure
Article 8 Registration
1) Official forms must be used for registering trade marks.
2) The Department of National Economy shall send on request to the
registering party a certificate to acknowledge receipt and registration.
Article 9 Application for registration
1) An application for registration must include:
a) the application for registering the trade mark;
b) surname and first name or name of the company and the address of the
party filing the trade mark;
c) a list of files submitted and the fees paid, stating the mode of payment;
d) the signature of the party registering the trade mark, or of the
representative.
2) The following must be added to the application for registration:
a) representative’s name and address;
b) priority declaration (Articles 12 to 14);
c) a statement that this is a guarantee mark or a collective mark;
d) any other evidence which the Department of National Economy may regard
as necessary, depending on the type of mark applied for.
3) The date of all the items of evidence referred to in this Article must
not go back more than twelve months.
Article 10 Trade mark reproduction
1) It must be possible to produce the trade mark graphically.
2) Three reproducible black and white illustrations must be submitted
in the case of pictorial, pictorial/text trade marks or text trade marks
with a special graphic form.
3) If protection is claimed for a coloured version of a trade mark, the
appropriate colour or colour combination must be stated and three
additional coloured illustrations of that mark must be submitted.
4) If it is a three-dimensional trade mark, this must be noted in the
application for registration.
5) If it is a sound trade mark, this must be described using musical notes.
Article 11 Index of goods and services
The goods and services for which the trade mark is claimed must be accurately
described.
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Article 12 Priority according to the Paris Convention for the Protection
of Industrial Property
1) A declaration for priority made in accordance with the provisions of
the Paris Convention for the Protection of Industrial Property dated 20
March 1883 must contain the following details:
a) date of first registration;
b) the country in which or for which this registration was made.
2) The priority document consists of a certificate from the appropriate
authority relating to first registration, stating the trade mark filing
or registration numbers.
3) The Department of National Economy keeps a list of states which offer
reciprocal facilities and rights to the Duchy of Liechtenstein in
accordance with the provisions of Article 7, Para. 2 of the Trade Mark
Protection Law.
Article 13 Exhibition priority
1) A declaration for exhibition priority must contain the following:
a) full description of the exhibition;
b) indication of the goods or services exhibited under the trade mark.
2) The priority document consists of a certificate from the appropriate
authority stating that the goods or services marked with the trade mark
have been presented, also stating the opening date of the exhibition.
Article 14 Common stipulations relating to the priority declaration and
priority document
1) The priority declaration must be submitted at least 30 days after the
registration of the mark and the priority document within six months after
registration, otherwise the priority claim shall lapse.
2) Priority documents can relate to several first registrations.
3) Priority documents can be written either in English or French.
Article 15 Initial examination
If the registration documents lodged do not comply with the requirements
of Article 29, Para. 2 of the Trade Mark Protection Law, the Department
of National Economy can set a time for completing the documents.
Article 16 Formal examination
1) If the registration documents lodged fail to provide the details required
by the Trade Mark Protection Law (Article 29) or those contained in this
Decree (Article 8 onwards), the Department of National Economy shall set
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a time limit for rectifying the deficiencies.
2)Ifthedeficienciesarenotrectifiedwithinthesettime,theapplication
for registration shall be wholly or partly rejected. The Department of
National Economy can set further deadlines.
Article 17 Substantive examination
1) If reasons for rejections in accordance with Article 31, Para. 2c or
d of the Trade Mark Protection Law exist, the Department of National Economy
shall set the registering party a deadline to allow it to remedy the
deficiency.
2) If the deficiency is not remedied within the set time, the application
for registration shall be wholly or partly rejected. The Department of
National Economy can set further deadlines by way of exception.
3) A fee for further processing may be payable for handling an application
which was rejected due to failure to observe a time limit. (Article 38
of the Trade Mark Protection Law).
Article 18 Registration and additional fees
1) The registration fee is payable in advance.
2) If the list of goods and services for the trade mark applied for includes
goods or services from more than three classes, the registering party
shall pay, in advance, an additional fee (classification fee) for each
additional class. The Department of National Economy determines the number
of classes for which a fee is payable according to the decisions of the
Arrangement of Nice concerning international classification of goods and
services to which trade marks apply.
Article 19 Registration and publication
1) If no reasons for rejection exist, the Department of National Economy
shall enter the trade mark in the register and publish its registration
in official publications.
2) After publication, the Department of National Economy issues to the
proprietor of the trade mark a certification of registration containing
the details entered in the register.
B. Extending Trade Mark Registration
Article 20 Notification of the expiration of the period of validity
Six months before the registration expires, the Department of National
Economy shall send a written reminder to the proprietor of a trade mark
and his representative reminding him of the expiration date. No such
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communications shall be sent to foreign countries. The Department of
National Economy is not obliged to issue such notifications.
Article 21 Extension
1) The application for extending a trade mark registration can be submitted
twelvemonthsbeforetheexpirationoftheperiodofvalidityattheearliest
and not later than six months after its expiration (Article 10, Para.
3 of the Trade Mark Protection Law); the application must be submitted
in writing to the Department of National Economy.
2) Extension becomes effective with the expiration of the preceding period
of validity.
3) The Department of National Economy acknowledges the extension of
registration to the proprietor of the trade mark.
4) An extension fee and, if appropriate, a class fee are payable in advance
for extension of the registration.
5)Anadditionalfeeispayableiftheapplicationforextensionissubmitted
after the expiration of the period of validity.
C. Changes to Trade Mark Registration
Article 22 Assignment
1) An application for registering an assignment must be submitted by the
current proprietor of the trade mark or the party acquiring it and must
contain the following details:
a) a formal declaration by the current proprietor or another satisfactory
document according to which the trade mark has been assigned to the party
acquiring it;
b) surname and first name or name of the company and address of the party
acquiring the trade mark and of his representative, if necessary;
c) in the case of a partial assignment, indication of the goods and services
for which the trade mark has been assigned.
2) If a mark has been partly assigned, the validity of the registration
of the assigned part shall expire with that of the registration of the
part of the mark remaining with its current proprietor.
Article 23 Licence
1)Theapplicationforregisteringthelicencemustbemadebytheproprietor
of the trade mark or the licensee and must contain the following details:
a) a formal declaration by the proprietor of the trade mark or another
satisfactory document stating that the proprietor allows the licensee
to use the trade mark;
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b) surname and first name or name of the company and the licensee’s address;
c) a request for the licence to be registered as an exclusive licence,
if necessary;
d) in the case of a partial licence, indication of the goods and services
or of the area for which the licence is granted.
2) The stipulations of Para. 1 apply to the registration of a sub-licence.
Evidence must also be provided to prove that the licensee has the right
to grant sub-licences.
Article 24 Other changes to the trade mark registration
The following information shall also be registered from a relevant
declaration by the trade mark proprietor or another satisfactory document:
a) usufruct in the trade mark and pledging the trade mark;
b) limitations to the right of disposal imposed by courts and enforcement
authorities;
c) changes affecting registered details.
Article 25 Cancellation of third party rights
Following the application from the proprietor of the trade mark, the
Department of National Economy shall cancel the rights registered in favour
of a third party if an explicit declaration of renunciation of these rights
or another satisfactory document is presented.
Article 26 Alterations
1) Wrong entries shall be immediately altered at the request of the
proprietor of the trade mark.
2) Mistakes due to an oversight on the part of the Department of National
Economy shall be corrected through that office.
Article 27 Submitting the application, payment of fees
Applications for changing or altering the trade mark application must
be made in writing. The prescribed fee must be paid with the application.
Only a single fee is due if the registration of several alterations for
one and the same trade mark is required.
Article 28 Free-of-charge alterations
The following changes shall be introduced free of charge:
a) the registration of the first appointment of a representative and the
cancellation of representation relationships;
b) changes based on an executed court judgement or on enforcement measures
as well as limitations on the right of disposal issued by courts and
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enforcement authorities;
c) notice of changes in the document file;
d) alterations, if a mistake was made by the Department of National Economy.
D. Cancellation of Trade Mark Registration
Article 29
1) An application for the cancellation of a trade mark registration must
be made in writing. An application for partial cancellation (reducing
the goods and services index) must also be made in writing. The appropriate
fee must be paid at the same time as the application is submitted; no
fee is payable for full cancellation.
2) If the application follows a judicial decision, a copy of the decision
must be submitted together with a certificate stating that a judgement
has become final; no fee shall be charged.
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III. Document File and Trade Mark Register
A. Document File
Article 30 Content
1) The Department of National Economy keeps a document file for each lodged
and registered trade mark, containing details of the progress of the
registration procedure, renewal and cancellation of registration, changes
to the rights attached to the trade mark and any other changes to the
registration.
2) Regulations attached to a guarantee or a collective mark also form
part of the document file.
3)Documentaryevidencedisclosingmanufacturingorbusinesssecretsshall
be separated on request or by the Office itself. Separation of such
information shall be noted in the document file.
Article 31 Inspection of files
1) The following persons can inspect document files before the registration
of the trade mark:
a) the registering party and its representative;
b) the persons who prove that the person who lodged it alleges that they
infringed his rights in the lodged trade mark or that he has warned them
of such infringement;
c) any other person with formal permission from the party which lodged
the trade mark or its representative.
2) The persons referred to in Para. 1 may also inspect the files of withdrawn
or rejected applications for registration.
3) Any person can inspect the document file after registration.
4) The Department of National Economy shall decide on inspecting separated
documentary evidence (Article 30, Para. 3) after hearing the registering
party, the owner of the trade mark or the person authorized to represent
the trade mark.
5) The document file can be inspected from copies provided on application
and on payment of a fee.
Article 32 Information on applications for registration
1) The Department of National Economy provides, against payment of a fee,
third parties with information on pending applications for registration.
2) This information is limited to details which will be published if the
trade mark is registered at a later date.
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Article 33 Retention of records
1) The Department of National Economy keeps the files of the originals
or copies of fully cancelled trade mark registrations for an additional
period of five years following their cancellations.
2) It keeps the files of the originals or copies of withdrawn and rejected
applications for registration for an additional period of five years
following their withdrawal or rejection but at least for ten years after
registration.
B. Trade Mark Register
Article 34 Register contents
1) Entries in the register contain the following details:
a) registration number;
b) registration date;
c) surname and first name or name of the company and address of the proprietor
of the trade mark;
d) names and addresses of any representatives;
e) representation of the trade mark;
f) indication of the goods for which the trade mark is claimed, in the
sequence of and indicating the relevant classes to which they are allocated
in accordance with the classification agreed at the Arrangement of Nice
concerning the international classification of goods and services to which
trade marks apply;
g) date of publication of the registration.
2) The registration also contains the following supplementary details,
as necessary:
a) indication of the colour or colour combinations claimed;
b) the remark “three-dimensions”;
c) the remark “asserted trade mark”;
d) the remark “sound trade mark”;
e) a statement that the trade mark is a guarantee or collective trade
mark;
f) statements on claiming priority in accordance with Articles 7 and 8
of the Trade Mark Protection Law;
g) the date and number of the international registration of the trade
mark.
3) The following details also appear in the trade mark register, together
with the publication date:
a) renewal of trade mark registration, stating the date on which renewal
becomes effective;
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b) full or partial cancellation of trade mark registration, stating the
reasons for cancellation;
c) full or partial assignment of a trade mark;
d) granting of a licence, also stating that it is an exclusive licence,
as applicable, and, in the case of a partial licence, stating the goods
and services or the area for which the licence is granted;
e) usufruct in the trade mark and pledging of the trade mark;
f) limitations to the right of disposal imposed by courts and enforcement
authorities;
g) changes affecting registered details;
h) details of changes to rules governing the trade mark.
4) The Department of National Economy can enter other information of public
interest.
Article 35 Viewing; extracts from register; priority document
1) The trade mark register can be viewed by anyone against a viewing fee.
2) The Department of National Economy shall provide information on the
contents of the trade mark register and make extracts from it against
a fee.
3) The Department of National Economy shall issue a priority document
for first Liechtenstein registrations on receiving an appropriate
application and the fee.
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IV. Department of National Economy Publications
Article 36 Subject of publications
The Department of National Economy publishes:
a) trade mark registrations with details as in Article 34, Para. 1a to
f and Para. 2a to e;
b) registrations as in Article 34, Para. 3;
c) the details as in Article 34, Para. 4, if their publication appears
to be appropriate;
Article 37 Publication journals
The details referred to in Article 36 shall be published in official
journals.
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V. Search
Article 38 Search for identical and similar trade marks
On receiving a written application and the appropriate fee, the Department
of National Economy shall carry out a search for identical or similar
trade marks. The application must contain the following information:
a) a reproduction of the trade mark which is the subject of the search;
b) indication of the goods and services of the appropriate classes which
are to be searched;
c) evidence of the fee having been paid.
Article 39 Investigating trade marks belonging to specific persons
1) On receiving an appropriate application and a fee, the Department of
National Economy shall investigate trade marks lodged in the name of a
specific person or registered in the Liechtenstein trade mark register
in the name of a specific person.
2) The application must be in writing. It must state the surname and the
first name or the name of the company whose trade mark is to be investigated
and proof of payment of the fee.
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VI. International Trade Mark Registration
Article 40 Submitting an application
1) An application for international registration of a trade mark or an
application for changing an international registration must be submitted
to the Department of National Economy if Liechtenstein is the country
of origin within the meaning of Article 1, Para. 3 of the Madrid Trade
Marks Agreement dated 14 April 1891 concerning international registration
of trade marks or Article 2, Para. 1 of the Protocol dated 28 June 1989
to the Madrid Agreement on international registration of trade marks.
2) The application must be written on the official form.
3) If Liechtenstein is the country of origin within the meaning of the
Madrid Trade Marks Agreement, the goods and services for which the trade
mark is applied must be stated in the French language.
4) If Liechtenstein is the country of origin within the meaning of the
Madrid Protocol, the goods and services for which the trade mark is applied
can be stated in the French or the English language.
5) Payment of the fees envisaged in the Madrid Trade Mark Agreement, in
the Madrid Protocol and the Ordinance concerning the levying of fees in
accordance with the Trade Mark Law must be made on submitting the
application.
Article 41 Examination by the Department of National Economy
1) If an application submitted to the Department of National Economy fails
to meet the requirements of the Trade Mark Protection Law (Article 29)
or this Ordinance (Article 8 onwards) or if the requisite (Article 42,
Para. 2 of the Trade Mark Protection Law) have not been paid, the Department
of National Economy shall set a deadline by which the applicant must rectify
the position.
2) If the deficiency is not eliminated within the set time, the application
shall be rejected. The Department of National Economy may set other
deadlines by way of an exception.
Article 42 Document file
The Department of National Economy keeps a document file for each
internationally registered trade mark the country of origin of which is
Liechtenstein.
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VII. Manufacturer’s Mark Article
43 Manufacturer’s mark
1) The manufacturer’s mark must be clearly visible and permanently affixed.
The company name or the maker’s trade mark can appear instead of the
manufacturer’s mark.
2) The manufacturer’s mark may only be used for Liechtenstein products.
3) The reasons for exclusion in accordance with Article 3, Para. 1 of
the Trade Mark Protection Law also apply to manufacturers’ marks.
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VIII. Export and Import Measures
Article 44 Bonded warehouse
Assistance provided by customs authorities extends to the import and export
of goods illegally provided with a trade mark or an indication of origin,
and to the warehousing of such goods in a bonded warehouse.
Article 45 Application for assistance
1) An application for assistance must be submitted by an authorized person
to the Department of National Economy. In urgent cases, the application
can be made direct with the customs office through which goods, illegally
provided with a trade mark, are to be imported or exported.
2) The application is valid for two years, unless it is made out for a
shorter period. It can be renewed.
Article 46 Retention of goods
1) Goods retained by customs authorities shall be kept by them for payment
of warehousing charges or be passed over to a third party for warehousing
at the applicant’s expense.
2) The applicant has the right to inspect the retained goods. The person
who has the title to dispose of them can be present at the inspection.
3) The goods shall be released if it is established even before the deadline
as in Article 70, Para. 2 or 3 of the Trade Mark Protection Law that the
applicant is unable to obtain temporary injunction.
Article 47 Fees
1) The fees for processing the application for assistance and for
warehousing retained goods is governed by the decree dated 22 August 1984
concerning Customs Authority fees.
2) The Department of National Economy has the right to require compensation
for receiving and dealing with the application as in Article 45.
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IX Transitional and final Provisions
Article 48 Time limits
Time limits set by the Department of National Economy are not affected
by this Decree coming into force.
Article 49 Priority of use
1) If a trade mark is lodged in accordance with Article 76 of the Trade
Mark Protection Law, the date on which the trade mark is taken into use
is entered in the trade mark register and published.
2) If the trade mark is an internationally registered trade mark, this
information must be communicated to the Department of National Economy
by the end of the month in which international registration is published;
the date on which the trade mark is taken into use is entered in a special
register and published.
Article 50 Cancellation of the existing Law
The implementation order dated 15 June 1964 concerning the protection
of factory and commercial trade marks and indications of origin of goods
and industrial marks, LGBl. 1964, No. 39, is cancelled.
Article 51 Coming into force
This Order comes into force simultaneously with the Trade Mark Protection
Law.
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