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The use of trademarks in a company name (trade name)

  • Latvia
  • Corporate

04-06-2013

Author: Jānis Ķēniņš

Jurista Vārds, Nr.22 (773), 04.06.2013

Opinions and experts’ comments regarding decisions of the officers of the Register of Enterprises

Jānis Lagzdiņš’ comments

The competence of the State Notary of the Register of Enterprises at handling an application for registration of a company in the Commercial Register or an application for change of a company name (trade name) is limited to check for coincidence of the names registered or submitted for registration in the Commercial Register or other registers kept by the Register of Enterprises.

The legislator does not grant the State Notary of the Register of Enterprises the right to refuse the registration of any name chosen by the company, if the name coincides with a trademark registered in the State Register of Trademarks or any foreign register of trademarks. A trademark owner has the right to address the court of general jurisdiction in civil procedure without the mediation of the Register of Enterprises, if any person is using a specific trademark in bad faith.

Full article in Latvian language available HERE.

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