Trademark Concepts and Procedures in Liechtenstein - an Overview of Trademark Registration

Josef Bergt
2023

In the realm of intellectual property, a trademark is a distinctive sign or symbol that serves to differentiate the goods or services of one enterprise from those of others. In Liechtenstein it is represented in the trademark registry of the Office of Economic Affairs in such a manner that both the administrative or judicial authorities and the public can clearly and unambiguously determine the scope of protection granted to its owner.

Trademarks can take various forms, including words, personal names, images, letters, numbers, colours, the shape, presentation or packaging of a product, sounds, or a combination of these elements. The requirement for a trademark to be graphically respectively figuratively representable is not a prerequisite for its registration. A sign can be represented in any suitable form using generally accessible technology, with the emphasis on a clear, precise, self-contained, easily accessible, understandable, durable, and objective representation.

The primary function of a trademark is to identify and distinguish the goods or services of a company from those of other companies. However, it is not solely intended to serve as an indication of origin, but also to differentiate certain goods or services of a specific enterprise from those of another. Thus, a trademark also fulfills a marketing function.

A trademark embodies a protective or defensive function, representing the right of the owner to prevent the use of identical or similar trademarks. Furthermore, a trademark also has a guarantee function, meaning that misleading trademarks are excluded from protection if the expectations aroused by the trademark, such as the geographical origin of the goods or services or their quality, cannot be fulfilled.

The duration of protection for a trademark in Liechtenstein is ten years, and the registration can be extended indefinitely for further ten-year periods.

To register a trademark in Liechtenstein, it must be reported to the Office of Economic Affairs. The trademark is considered registered from the date the office receives the correctly and completely filled out registration request. This means that the application must contain the name of the applicant, possibly their representation, the address, the reproduction of the trademark, the exact designation of the goods or service, and proof of the paid fees. The application must also be signed by the applicant or by the representative.

The Trademark Protection Act lists the reasons that may potentially prevent registration. Here, a distinction is made between absolute and relative grounds for exclusion. If there are no grounds for exclusion, the trademark is entered in the Liechtenstein trademark register. After registration and publication in the official gazette, a registration confirmation is issued to the owner or the representative.

The application for extension of trademark registrations can be submitted to the office at the earliest twelve months before the expiry of the validity period. If the application is submitted within six months after the expiry of the validity period, an additional fee is due.

The extension becomes effective in both cases at the end of the previous validity period. If changes to the entry are requested at the same time as the extension, these are treated separately by the office. A separate fee is charged.

The Office of Economic Affairs informs the registered trademark owner or their representative at least six months before the expiry of the validity period of the entry about the date of expiry and the possibility of an extension. No liability is assumed for a missed notification.

The registration of a trademark can be declared expired or null and void upon request. The application for declaration of expiry or nullity must be submitted in writing to the Office of Economic Affairs, stating the facts and evidence serving as justification.

The Office of Economic Affairs informs the owner of the registered trademark about the initiation of the procedure and gives them the opportunity to submit a statement. If no objection is raised within one month, the expiry or nullity is declared, the entry for the goods and services against which the application is directed is deleted, and the expiry or nullity procedure is considered completed.

Otherwise, the Office of Economic Affairs informs the applicant about the timely objection. The fee for continuing the expiry or nullity procedure must be paid within one month. Otherwise, the expiry or nullity procedure is considered completed. If the application for declaration of expiry or nullity is granted, the trademark registration is deleted in whole or in part.

It is important to note that Liechtenstein is a member of the Madrid Agreement of 14 April 1891 on the international registration of trademarks in the Stockholm version of 1967 and the Protocol of 27 June 1989 to the Madrid Agreement on the international registration of trademarks (Madrid Protocol). An international registration with protective effect for Liechtenstein is thus possible and has the same effect as the national application and registration in the Liechtenstein trademark register.

Executive Summary:

• A trademark serves to distinguish the goods or services of one company from those of others and also fulfills a marketing function.
• A trademark embodies a protective function, representing the owner's right to prevent the use of identical or similar trademarks.
• The duration of protection for a trademark is ten years, extendable indefinitely for further ten-year periods.
• The registration of a trademark can be declared expired or null and void upon request.
• An international registration with protective effect for Liechtenstein has the same effect as the national application and registration in the Liechtenstein trademark register.