À propos de la propriété intellectuelle Formation en propriété intellectuelle Respect de la propriété intellectuelle Sensibilisation à la propriété intellectuelle La propriété intellectuelle pour… Propriété intellectuelle et… Propriété intellectuelle et… Information relative aux brevets et à la technologie Information en matière de marques Information en matière de dessins et modèles industriels Information en matière d’indications géographiques Information en matière de protection des obtentions végétales (UPOV) Lois, traités et jugements dans le domaine de la propriété intellectuelle Ressources relatives à la propriété intellectuelle Rapports sur la propriété intellectuelle Protection des brevets Protection des marques Protection des dessins et modèles industriels Protection des indications géographiques Protection des obtentions végétales (UPOV) Règlement extrajudiciaire des litiges Solutions opérationnelles à l’intention des offices de propriété intellectuelle Paiement de services de propriété intellectuelle Décisions et négociations Coopération en matière de développement Appui à l’innovation Partenariats public-privé Outils et services en matière d’intelligence artificielle L’Organisation Travailler avec nous Responsabilité Brevets Marques Dessins et modèles industriels Indications géographiques Droit d’auteur Secrets d’affaires Académie de l’OMPI Ateliers et séminaires Application des droits de propriété intellectuelle WIPO ALERT Sensibilisation Journée mondiale de la propriété intellectuelle Magazine de l’OMPI Études de cas et exemples de réussite Actualités dans le domaine de la propriété intellectuelle Prix de l’OMPI Entreprises Universités Peuples autochtones Instances judiciaires Ressources génétiques, savoirs traditionnels et expressions culturelles traditionnelles Économie Financement Actifs incorporels Égalité des genres Santé mondiale Changement climatique Politique en matière de concurrence Objectifs de développement durable Technologies de pointe Applications mobiles Sport Tourisme PATENTSCOPE Analyse de brevets Classification internationale des brevets Programme ARDI – Recherche pour l’innovation Programme ASPI – Information spécialisée en matière de brevets Base de données mondiale sur les marques Madrid Monitor Base de données Article 6ter Express Classification de Nice Classification de Vienne Base de données mondiale sur les dessins et modèles Bulletin des dessins et modèles internationaux Base de données Hague Express Classification de Locarno Base de données Lisbon Express Base de données mondiale sur les marques relative aux indications géographiques Base de données PLUTO sur les variétés végétales Base de données GENIE Traités administrés par l’OMPI WIPO Lex – lois, traités et jugements en matière de propriété intellectuelle Normes de l’OMPI Statistiques de propriété intellectuelle WIPO Pearl (Terminologie) Publications de l’OMPI Profils nationaux Centre de connaissances de l’OMPI Série de rapports de l’OMPI consacrés aux tendances technologiques Indice mondial de l’innovation Rapport sur la propriété intellectuelle dans le monde PCT – Le système international des brevets ePCT Budapest – Le système international de dépôt des micro-organismes Madrid – Le système international des marques eMadrid Article 6ter (armoiries, drapeaux, emblèmes nationaux) La Haye – Le système international des dessins et modèles industriels eHague Lisbonne – Le système d’enregistrement international des indications géographiques eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Médiation Arbitrage Procédure d’expertise Litiges relatifs aux noms de domaine Accès centralisé aux résultats de la recherche et de l’examen (WIPO CASE) Service d’accès numérique aux documents de priorité (DAS) WIPO Pay Compte courant auprès de l’OMPI Assemblées de l’OMPI Comités permanents Calendrier des réunions WIPO Webcast Documents officiels de l’OMPI Plan d’action de l’OMPI pour le développement Assistance technique Institutions de formation en matière de propriété intellectuelle Mesures d’appui concernant la COVID-19 Stratégies nationales de propriété intellectuelle Assistance en matière d’élaboration des politiques et de formulation de la législation Pôle de coopération Centres d’appui à la technologie et à l’innovation (CATI) Transfert de technologie Programme d’aide aux inventeurs WIPO GREEN Initiative PAT-INFORMED de l’OMPI Consortium pour des livres accessibles L’OMPI pour les créateurs WIPO Translate Speech-to-Text Assistant de classification États membres Observateurs Directeur général Activités par unité administrative Bureaux extérieurs Avis de vacance d’emploi Achats Résultats et budget Rapports financiers Audit et supervision
Arabic English Spanish French Russian Chinese
Lois Traités Jugements Recherche par ressort juridique

Loi sur la protection des marques et des indications géographiques, Liechtenstein

Retour
Texte remplacé  Accéder à la dernière version dans WIPO Lex
Détails Détails Année de version 1998 Dates Entrée en vigueur: 31 mars 1997 Adopté/e: 12 décembre 1996 Type de texte Principales lois de propriété intellectuelle Sujet Indications géographiques, Noms commerciaux, Mise en application des droits, Organe de réglementation de la PI

Documents disponibles

Texte(s) principal(aux) Textes connexe(s)
Texte(s) princip(al)(aux) Texte(s) princip(al)(aux) Anglais Law on the Protection of Trademarks and Geographical Indications (Trademark Protection Law)        
 tj - ~ ~

LIECHTENSTEIN

Trade Marks Law

amended by the law of November 19, 1998

ENTRY INTO FORCE: January 18, 1999

TABLE OF CONTENTS

I. Trade Marks

A. General Stipulations

1. Protection for Trade Marks

Article 1 Definition

Article 2 Absolute prohibiting reasons

Article 3 Relative prohibiting reasons

Article 4 Registration for the benefit of those with authority to use

2. Accrual of rights to a trade mark; priority

Article 5 Accrual of rights to a trade mark

Article 6 Declaration of priority

Article 7 Priority according to the Paris Convention

Article 8 Exhibition priority

Article 9 Declaration of priory

3. Existence of a right to the trade mark

Article 10 Life and renewal of registration

Article 11 Use of the Trade Mark

Article 12 Consequences of non-use

4. Substance of trade mark rights

Article 13 Exclusive rights, principle of exhausting legal remedies

Article 14 Limitations in favour of prior use trade marks

Article 15 Known trade mark

Article 16 Reproduction of trade marks in dictionaries and other reference

books

5. Changes to trade mark rights

Article 17 Assignment

Article 18 Splitting an entry application or an entry

Article 19 Licence

Article 20 Usufruct and right of lien; enforcement

1

6. International Law contracts

Article 21

B Guarantee mark and collective mark

Article 22 Guarantee mark

Article 23 Collective mark

Article 24 Controlling the mark

Article 25 Approval of the rules of use

Article 26 Use contrary to the rules

Article 27 Use contrary to regulations

Article 28 Assignment and licence

C. Registering a trade mark

1. Registration procedure

Article 29 Registering the mark

Article 30 Registration date

Article 31 Decision and registration

2. Cancellation of registration

Article 32 Cancellation

3. Remedies

Article 33 Appeal

4. Register, Publications

Article 34 Keeping the register

Article 35 Publications

Article 36 Availability of the register to public inspection; inspection

of records

Article 37 Searches

5. Further action in the case of non-observance of time limit

Article 38

6. Representation

Article 39

7. Fees

Article 40

2

D. International Trade Mark Registration

Article 41 Applicable Law

Article 42 Applications for registration in the international register

Article 43 Effect of international registration in Liechtenstein

Article 44 Changing an international registration into a national

application for registration

II. Indications of Origin

Article 45 Principle

Article 46 Origin of goods

Article 47 Origin of services

Article 48 Special provisions

Article 49 Manufacturers’ marks

III. Legal Protection

A. Protection under Civil Law

Article 50 Action for a declaratory judgement

Article 51 Action for assigning a trade mark

Article 52 Communication of decisions

Article 53 Action for a benefit

Article 54 Entitlement of interested associations and organizations to

take action

Article 55 Confiscation in a civil action

Article 56 Jurisdiction

Article 57 Temporary injunctions

Article 58 Publishing the decisions

B. Penal Provisions

Article 59 Infringements of trade mark rights

Article 60 Fraudulent use of a trade mark

Article 61 Use of a guarantee or collective marking contrary to regulations

Article 62 Use of inappropriate indication of origin

Article 63 Contravention of regulations concerning manufacturers’ marks

Article 64 Suspension of proceedings

Article 65 Responsibility

Article 66 Confiscation of goods in penal proceedings

Article 67 Forfeiture of proceeds

C. Measures in the case of import and export

Article 68 Notice of suspect consignments

3

Article 69 Application for assistance

Article 70 Withholding the goods

Article 71 Jurisdiction; agreements under international Law

IV. Transitional and Final Provisions

Article 72 Execution

Article 73 Annulment of existing Law

Article 74 Deposited or registered marks

Article 75 Marks not previously registerable

Article 76 Utility priority

Article 77 Terminology

Article 78 Coming into force

4

I. Trade Marks

A. General Stipulations

1. Protection for Trade Marks

Article 1 Definition

1)Atrademarkisasignwhichappropriatelydistinguishesgoodsorservices

provided by a company from those of other companies.

2) Trade marks can be in particular words, letters, figures, illustrated

representations, three-dimensional shapes or a combinations of these

elements or in colour.

Article 2 Absolute prohibiting reasons

The following are barred from trade mark protection:

a) marks which are common property unless they have been accepted as trade

marks for goods or services for which they are required;

b) shapes which are the essence of the goods and shapes of goods or packing

which are necessary from the technical point of view;

c) misleading signs;

d) signs which breach public order, violate good habits or infringe valid

Law.

Article 3 Relative prohibiting reasons

1) Furthermore, those trade marks are barred from protection which:

a) are identical to an older trade mark and intended for the same goods

or services as that one;

b) are identical to an older trade mark and intended for equivalent goods

or services so that a risk of confusion exists.

2) The following are regarded as older trade marks:

a) lodged or registered trade marks which enjoy priority in accordance

with this Law (Articles 6 to 8).

b) trade marks which are reputedly known in Liechtenstein at the time

of registration while Para. 1 applies to the mark within the meaning of

Article 6bis of the Paris Convention for the Protection of Industrial

Property (Paris Convention).

3) Only the proprietor of the older trade mark may refer to the prohibiting

reasons according to this Article.

Article 4 Registration for the benefit of those with authority to use

Nor is protection enjoyed by trade marks registered in the name of agents,

5

representativesorotherpersonsorbodieswithouttheproprietor’sconsent

or any which are left on the register after cancellation of the consent.

2. Accrual of rights to a trade mark; priority

Article 5 Accrual of rights to a trade mark

The right to a trade mark accrues with its being entered in the register.

Article 6 Declaration of priority

The right to a trade mark is acquired by those who are first to apply

for it.

Article 7 Priority according to the Paris Convention

1) If a trade mark has been registered for the first time in another Paris

Convention member country or has been registered in accordance with

regulations and being effective for such a country, the registering party

or its legal successor can only claim priority, arising from the first

registration, for applying for the same trade mark in Liechtenstein if

the registration is lodged in Liechtenstein within six months after the

first registration.

2) First registration in a country where reciprocal rights for

Liechtenstein apply has the same effect as the first registration in a

Paris Convention member country.

Article 8 Exhibition priority

A person who displays goods or services with a trade mark at an official

or officially approved exhibition within the meaning of the Agreement

dated 22 November 1928 concerning international exhibitions in a Paris

Convention member country or at another exhibition approved by the

government, can claim in his application the date on which the exhibition

opened provided the trade mark is applied for within six months from that

date and this is authenticated by the exhibition management.

Article 9 Declaration of priory

1) A person who claims priority in accordance with the terms of the Paris

Convention or exhibition priority must submit with the application a

priority declaration and a priority document.

2) The claim shall lapse if the requirements in respect of dates and form

are not complied with.

3) Registration of a priority merely supports the assumption of the

proprietor of the trade mark benefiting.

6

3. Existence of a right to the trade mark

Article 10 Life and renewal of registration

1) Registration is valid for a period of ten years from the date of its

application.

2) Registration shall be extended by ten years each time subject to an

appropriate application being lodged and the payment of the renewal fee

and, if applicable, the classification fee (Article 29, Para. 4) having

been paid.

3) An application for renewal must be submitted to the Office of National

Economy (Amt fur Volkswirtschaft) within the last twelve months before

the end of validity but not later than within six months after its end.

4) An additional fee shall be due if renewal of protection is submitted

after the period of validity has expired.

Article 11 Use of the Trade Mark

1) The trade mark is protected when it is used in conjunction with the

goods and services for which it is claimed.

2) The use of a trade mark is also regarded as protected when it is used

in a slightly different form and for export.

3) The use of a trade mark with its proprietor’s consent is regarded as

use by himself.

4) The use of a trade mark is also regarded as protected when it is used

within the area of the European Economic Community or in Switzerland.

Article 12 Consequences of non-use

1) If the proprietor of a trade mark fails to use it in conjunction with

the goods or services for which it is claimed for a continuous period

of five years from the date of its registration, he shall not be able

to reassert its continued use unless there are valid reasons why it has

not been used.

2) If the use of a trade mark is used for the first time or its use taken

up again after more than five years, the right to use it shall be restored

under the original priority, provided no other person has claimed the

use of the trade mark in question as in Para. 1.

3) A person who claims non-use of a trade mark must prove it; the proprietor

of the trade mark is then obliged to prove its use.

7

4. Substance of trade mark rights

Article 13 Exclusive rights, principle of exhausting legal remedies

1) The Trade Mark Law grants the proprietor exclusive right to use a trade

mark for marking the goods or services for which it has been taken out,

and to dispose freely of it.

2) The proprietor of a trade mark can forbid others to use a mark which

is barred from protection according to Article 3, Para. 1, in particular:

a) to append a trade mark to goods or their wrapping or packing;

b) to offer, to put on the market or warehouse goods for this purpose

under this trade mark;

c) to offer or provide services under this trade mark;

d) to import or export goods under this trade mark;

e) to use the trade mark on business documents, in advertising or in any

business dealings.

3) These rights are vested in the proprietor of the trade mark, also towards

those who are entitled to use it in accordance with Article 4.

4) The proprietor of a trade mark does not have the right to refuse a

third party use of it for goods which are marketed under that same trade

mark by him or with his approval in the home country or any other member

state of the European Economic area.

5) Para. 4 does not apply if the proprietor of the trade mark opposes

for valid reasons further marketing of the goods, in particular when the

condition of the goods is changed or has deteriorated after they have

been brought on to the market.

6) The proprietor of a trade mark has the right to refuse its use to third

parties for goods which have been marketed by him or with his agreement

in a country outside the European Economic area if the risk of deception

results from such use for buyers at home.

Article 14 Limitations in favour of prior use trade marks

1) The proprietor of a trade mark cannot prohibit any other person from

continuing to use to the present extent a trade mark which had already

been used before the application was lodged.

2) This right to continued use can only be assigned together with the

company.

Article 15 Known trade mark

1) The proprietor of a known trade mark can forbid others to use it for

any type of goods or services if such use jeopardizes the distinctive

character of the trade mark, takes advantage of its reputation or affects

8

it adversely.

2) The rights acquired before the trade mark became well known remain

unaffected.

Article 16 Reproduction of trade marks in dictionaries and other reference

books

If a registered trade mark is reproduced in a dictionary, another reference

book or any other similar book without reference to its registration,

the proprietor of such a trade mark can demand from the publisher, editor

or distributor of the book to reinstitute the appropriate reference at

least in the next edition.

5. Changes to trade mark rights

Article 17 Assignment

1) The proprietor of a trade mark can assign wholly or partly the trade

mark for the goods or services for which it was applied.

2) Only written assignments shall be valid. They must be entered in the

register to be effective in relation to bona fide third parties.

3) Claims in accordance with this Law can be addressed against the current

proprietor until an assignment is registered.

4) Trade marks shall be assigned together with the company, unless agreed

otherwise.

Article 18 Splitting an entry application or an entry

1) The proprietor of a trade mark may ask in writing for the entry or

the entry application to be split.

2) The goods and services shall be split into part applications or part

entries.

3) Part applications or part entries retain their registration and priority

date of the original application or the original entry.

Article 19 Licence

1) The proprietor of a trade mark can cede the trade mark for the goods

or services for which it was applied wholly or partly for use to another

person.

2) The licence shall be entered in the register on application from an

interested party. It thus becomes effective over rights in the trade mark

acquired earlier.

9

Article 20 Usufruct and right of lien; enforcement

1)Atrademarkcanbethesubjectofusufruct,arightoflienandenforcement

measures.

2) Usufruct and pledging take only effect for the benefit of bona fide

third parties when it is entered in the register.

6. International Law contracts

Article 21

1) International Law contracts are reserved.

2) If international Law contracts grant in Liechtenstein more extensive

rights than this Law, these rights shall then also apply to the citizens

of Liechtenstein.

B Guarantee mark and collective mark

Article 22 Guarantee mark

1) The guarantee mark is a mark used under the control of mark proprietors

from various companies and is intended to guarantee quality, geographic

origin, method of manufacture or any other common features of goods or

services supplied by them.

2) The guarantee mark must not be used for goods or services of the mark

proprietor or a company closely connected with him by economic ties.

3) The mark proprietor must allow any person against appropriate payment

to use the guarantee mark for goods or services which display the common

features guaranteed by the mark regulations.

Article 23 Collective mark

A collective mark indicates an association of manufacturing, trading or

service companies and serves the purpose of distinguishing the goods or

services provided by the members of such associated companies from those

originating from other suppliers.

Article 24 Controlling the mark

1) The registering party of a guarantee or a collective mark must submit

to the Department of National Economy the rules governing the use of this

mark.

2) The rules governing the use of the mark shall state the joint features

of the goods or services which the mark is intended to guarantee; it must

also provide for an effective control of the use of the mark and appropriate

sanctions applied in the case of its misuse.

10

3) The rules governing the use of the mark name the group of companies

which have the right to use it.

4) The rule of use must not violate public regulations, offend public

morality or contravene the established Law.

Article 25 Approval of the rules of use

The rules of use must be approved by the Department of National Economy.

Approval is given subject to the provisions of Article 24.

Article 26 Use contrary to the rules

If the proprietor of a guarantee or a collective mark suffers its repeated

use whereby the main stipulations of the rules of use are infringed and

fails to obtain redress within a time prescribed by the Provincial Court,

the registration of the mark shall be null and void at the end of that

time.

Article 27 Use contrary to regulations

If the proprietor of a trade mark tolerates repeated use of a guarantee

or a collective mark which infringes the regulations, and fails to take

recourse to remedies within a period of time set by the Provincial Court,

registration of that trade mark shall lapse at the end of that period.

Article 28 Assignment and licence

Assigning of guarantee or collective marks and granting of licences for

collective marks shall only be valid if recorded in the register.

C. Registering a trade mark

1. Registration procedure

Article 29 Registering the mark

1) Any person can register a mark.

2) The following must be lodged with the Department of National Economy

for the purpose of registering a mark:

a) registration application stating the name of the person or the company

wishing to register the mark;

b) reproduction of the mark;

c) a list of the goods or services for which the mark is required.

3) A registration fee prescribed by the Government by ordinance must be

paid for each registration.

4) The Government can also prescribe an additional fee related to the

11

size of the list of goods and services (classification fee).

5) The Government make provisions by ordinance on any specific formalities

of the registration procedure. They specify in particular which documents

must be submitted, which time limits observed and how the marks must be

published.

Article 30 Registration date

1) A mark shall be deemed as registered as soon as the documents listed

in Article 29, Para. 2, are submitted.

2) If the mark is replaced or its major features modified or the list

of goods or services extended, the registration date is the date on which

such alterations are submitted.

Article 31 Decision and registration

1) The Department of National Economy shall not support the registration

application if it fails to comply with the requirements stated in Article

29, Para. 2.

2) It will reject the application of registration if

a) the registration fails to comply with the stipulations of this Law

or the formal requirements of the ordinances issued in this connection;

b) the stipulated fees have not been paid;

c) reasons for absolute prohibition exist;

d) the guarantee or collective mark fails to comply with the requirements

of Articles 22 to 24.

3) It will register the mark if no reasons for rejection exist.

2. Cancellation of registration

Article 32 Cancellation

The Department of National Economy shall cancel a mark registration wholly

or in part if:

a) its proprietor requests that it be cancelled;

b) its registration is not extended;

c) the registration is declared null and void by a legislative decision.

3. Remedies

Article 33 Appeal

1) An appeal against an order of the Department of National Economy can

be submitted to the Government within 30 days from the date on which the

order is served.

12

2) Any representations against a decision of the Government can be submitted

to the administrative complaints department within 30 days from the date

on which the decision is served.

4. Register, Publications

Article 34 Keeping the register

The mark register is kept by the Department of National Economy.

Article 35 Publications

1) The Department of National Economy publishes:

a) trade mark registrations (Article 31, Para. 3);

b) registration renewals (Article 10, Para. 3);

c) trade mark cancellations (Article 32).

2) The Government decide by ordinance which other registrations are to

be published and the publications in which they are to appear.

Article 36 Availability of the register to public inspection; inspection

of records

1) Any person can inspect the register, obtain information on it and request

extract from it.

2) Any person also has the right to inspect the trade marks registered

in the document file.

3) The Government provide the rules governing cases in which access to

document files is granted before registration or in which parts of document

files are excluded from inspection to protect the trade marks or the

indication of origin.

Article 37 Searches

The Department of National Economy searches, using its own staff or with

the assistance of third parties, for trade marks which have been filed

or registered for Liechtenstein and which are identical or similar to

a specific trade mark. No liability is accepted for correctness or

completeness of the results.

5. Further action in the case of non-observance of time limit

Article 38

1) If the Department of National Economy rejects an application concerning

a trade mark due to non-observance of a time limit, the applicant can

ask,inawrittensubmission,forthecasetobegivenfurtherconsideration,

13

subject to the provisions of Article 104 of the National Administration

Regulations.

2) The application must be submitted within two months from the date on

which the applicant is notified of default but not later than within six

months following default; in addition, all omitted details and actions

must be completely updated and the appropriate fee for further processing

paid.

3) If the request is accepted, this will restore the position to the level

at which it would have been had all the action been taken at the right

time.

4) Further action shall be excluded in the case of failure to observe

a) time limits prescribed for applications for further action

b) time limits for claiming priorities in accordance with Articles 7 and

8.

6. Representation

Article 39

The proprietor of a trade mark who neither has his residence nor a registered

office nor a branch in Liechtenstein can only participate in administrative

and legal proceedings governed by this Law by appointing a lawyer or a

patent agent to act as an agent in Liechtenstein.

7. Fees

Article 40

1) Except for the cases described in this Law, fees are payable for work

performed by the office resulting from a special application.

2) The Government stipulates fees by ordinance to cover the cost.

D. International Trade Mark Registration

Article 41 Applicable Law

1) This chapter applies to international registrations in accordance with

the Madrid Trade Marks Agreement dated 14 April 1891 and the protocol

on the Madrid Trade Marks Agreement concerning international registration

of trade marks dated 28 June 1989 (Madrid Protocol) arranged with the

mediation of the Department of National Economy or valid for Liechtenstein.

2) The other stipulations contained in this Law apply unless otherwise

stated in the Madrid Trade Mark Agreement or the Madrid Protocol and Part

I.

14

Article 42 Applications for registration in the international register

1) The following can be arranged through the Department of National Economy:

a) international registration of a trade mark if Liechtenstein is the

country of origin within the meaning of Article 1, Para. 3 of the Madrid

Trade Mark Agreement or Article 2 of the Madrid Protocol;

b) alterations to an international registration if Liechtenstein is the

country of the proprietor of the trade mark within the meaning of the

Madrid Trade Mark Agreement or the Madrid Protocol;

c) international registration of an application for registration if

Liechtenstein is the country of origin within the meaning of Article 2,

Para. 1 of the Madrid Protocol.

2) The appropriate fees stipulated in the Madrid Trade Mark Agreement,

in the Madrid Protocol and by ordnance are payable for international

registration of a trade mark or an application for registration or for

amending an international registration.

Article 43 Effect of international registration in Liechtenstein

1) International registration providing protection for Liechtenstein has

the same effect as a registration of an application with the Department

of National Economy and registration in the Liechtenstein register.

2) This effect is deemed not to arise if and insofar as protection of

the internationally registered trade mark is refused for Liechtenstein.

Article 44 Changing an international registration into a national

application for registration

An international registration can be changed into a national application

for registration provided:

a) an application is submitted to the Department of National Economy within

three months after cancellation of the international registration;

b) the international registration and the national application for

registration relate to the same trade mark;

c) protection for Liechtenstein of the goods and services referred to

on the application has in fact been covered by the international

registration;

d) this national application for registration complies with all other

regulations contained in this Law.

15

II. Indications of Origin

Article 45 Principle

1) Indications of origin are direct or indirect references to the

geographical origin of goods or services, including references to the

quality or properties related to their origin.

2) Geographical names and marks which are not understood by the relevant

commercial circles to be an indication of a specific origin of the goods

or services are not deemed to be indications of origin within the meaning

of Para. 1.

3) Use of the following is inadmissible:

a) inappropriate indications of origin;

b) designations which can be confused with an inappropriate indication

of origin;

c) a name, address or a mark connected with goods or services of foreign

origin if this creates a risk of deception.

4) Regional or local indications of origin of services are considered

appropriate when these services fulfil the criteria of origin for the

respective country as a whole.

Article 46 Origin of goods

1) The origin of any particular goods is determined by the place of their

manufacture or by the origin of the starting materials and components

from which they are made.

2) Other prerequisites may also have to be satisfied, such as compliance

with the manufacturing principles and the quality requirements usual for

the place of manufacture or specified there.

3) Such criteria must be determined in individual cases in relation to

the effect which they have on the reputation of the goods in question;

if an indication of origin matches the nuances, it is assumed to be correct.

Article 47 Origin of services

1) The origin of any particular service is determined by:

a) the place of residence of the person who provides it;

b) the nationality of those who exercise actual control over the business

policy and management; or

c) the place of residence of those who exercise actual control over the

business policy and management.

2) Other prerequisites may also have to be satisfied, such as compliance

with the principles relating to the provision of the service or the bond

with the country of origin of those people who provide the service.

16

3) Such criteria must be determined in individual cases in relation to

the effect which they have on the reputation of the services in question;

if an indication of origin matches the nuances, it is assumed to be correct.

Article 48 Special provisions

The Government can define by ordinance those prerequisites under which

a Liechtenstein indication of origin for specific goods or services can

be used if this is of general interest to the industry or to any specific

branches of trade or industry. It will first hear the interested

professional and industrial associations.

Article 49 Manufacturers’ marks

The Government can make provision by ordinance for a manufacturer’s mark

having to appear on goods from a particular branch of industry if the

requirement for such a mark is in the interest of that branch of industry.

17

III. Legal Protection

A. Protection under Civil Law

Article 50 Action for a declaratory judgement

Any person who shows interest in judicial matters can have it confirmed

by the Provincial Court whether a right or a legal relationship does or

does not exist according to this Law.

Article 51 Action for assigning a trade mark

1) Instead of declaring the trade mark as null and void, the plaintiff

can plead for the trade mark to be assigned if the defendant considers

that it is suitable for him.

2) The claim lapses two years after the publication of the registration

or the lapse of the trade mark proprietor’s agreement in accordance with

Article 4.

Article 52 Communication of decisions

Judicialdecisionswhichhavetheeffectofchanginganentryintheregister

shall be communicated to the Department of National Economy.

Article 53 Action for a benefit

1) Any person whose rights in respect of a brand trade mark or indications

of origin are infringed or threatened, can demand of the Regional Court

that:

a) the threatened infringement be prohibited;

b) the existing infringement be eliminated;

c) the accused be committed to state the correct origin of the goods in

his possession which have been unlawfully provided with the trade mark

or an indication of origin.

2) Civil court actions for compensation, satisfaction and recovery of

profits in accordance with the stipulations on management without mandate.

3) Infringement of trade mark rights is also deemed to be the use of a

guarantee or collective mark against regulations.

Article 54 Entitlement of interested associations and organizations to

take action

1) The following are also entitled to take action concerning the protection

of indications of origin in accordance with Articles 50 and 53, Para.

1.

a) professional and industrial associations which have the power to protect

18

the economic interests of its members;

b) organizations which, according to their statutes, are dedicated to

consumer protection.

2) All such associations and organizations are authorized to take action

in matters of guarantee or collective marks in accordance with Article

50.

Article 55 Confiscation in a civil action

1) The Provincial Court can order the confiscation of objects which

unlawfully bear a mark or an indication of origin and are in the defendant’s

possession.

2) The Provincial Court decides on whether the mark or the indication

of origin is to be obliterated, the objects rendered unusable, destroyed

or used in a specific way.

Article 56 Jurisdiction

1) The Provincial Court has jurisdiction over actions envisaged in this

Law provided the place of residence of the defendant, the place where

the act has been committed or the place where the success occurred is

in Liechtenstein.

2) The Provincial Court is in any case competent to deal with actions

concerning infringements of Liechtenstein marks.

Article 57 Temporary injunctions

1) Temporary injunctions can be ordered if a person proves that an

infringement of his rights in a mark or an indication of origin exists,

such an infringement is to be feared and that the infringement threatens

to create disadvantages which will not be easy to make good.

2) He can in particular demand that the Provincial Court orders measures

to preserve evidence, establish the origin of the objects bearing a mark

or an indication of origin, to preserve the existing condition or for

the purpose of preliminary execution of injunctive and remedial relief.

3) The Provincial Court is competent to issue temporary injunctions.

Article 58 Publishing the decisions

Following an application from the successful party, the Provincial Court

can order that the decision be published at the expense of the other party.

The Court shall decide on the type and details of the published information.

19

B. Penal Provisions

Article 59 Infringements of trade mark rights

1) If required by the injured party, the Provincial Court shall impose

upon a person who commits an offence of intentionally infringing another

party’s trade mark rights, a prison sentence of up to one year or a monetary

fine of up to 360 daily rated fines if:

a) he lays a claim to a trade mark which belongs to another party, copies

or imitates it;

b) markets goods or provides services, offers such goods or services or

advertises them bearing the wrongly claimed, copied or imitated trade

mark.

2) Any person who refuses to state the origin of objects provided with

a wrongly claimed, copied or imitated trade mark, and in his possession,

shall also be punished at the injured party’s request.

3) Any person who infringes trade mark rights for the purpose of trade

(Article 70 of the Penal Code) shall be given a prison sentence of up

to 3 years. He shall be prosecuted by the public prosecutor.

Article 60 Fraudulent use of a trade mark

1) Any person who

a) unlawfully marks goods or services with a trade mark owned by third

party with the intention of deceiving and making it appear that the goods

and services in question are the original goods or services;

b) unlawfully offers or brings out on to the market goods or services

bearing a trade mark owned by another party vends or offers them for sale

as original goods or services,

shall be punished by the Provincial Court, if an action be requested by

the injured party, with a term of imprisonment of up to three years.

2)AnypersonwhoinfringesthestipulationsinPara.1forbusinesspurposes,

shall be punished by imprisonment for a term of up to 5 years. He shall

be prosecuted by the public prosecutor.

3) Any person who imports, exports or warehouses goods for trading which,

whilst being aware that they are calculated to mislead in trading, shall

be punished by the Provincial Court for contravening the Law, if an action

be requested by the injured party, by a fine of up to 20,000 Francs, or,

if this amount is not collectable, by imprisonment for a term of up to

three months.

Article 61 Use of a guarantee or collective marking contrary to regulations

1) Any person who intentionally marks goods with a guarantee or collective

20

mark contrary to regulations, shall be punished by the Provincial Court

for contravening the regulations, on a plea from the injured party, by

imprisonment for a term of up to one year or a monetary fine of up to

360 daily rated fines.

2) Equally, any person who refuses to display the origin of objects marked

with a guarantee or a collective mark against regulations and being in

his possession, shall be punished for contravening the regulations, on

a plea from the injured party, by a fine of up to 20,000 Francs or, if

this amount is not collectable, by a term of imprisonment of up to three

months.

3) Punishment can be waived if an infringement only affects minor

stipulations of the regulations.

4) Any person who infringes the stipulations of Para. 1 in the course

of trade, shall be punished by imprisonment for a term of up to three

years. He shall be prosecuted by the public prosecutor.

Article 62 Use of inappropriate indication of origin

1) At a plea from the injured party, the Provincial Court shall impose

the punishment of imprisonment for a term of up to one year or a monetary

fine of up to 360 daily rated fines on any person who intentionally:

a) uses an inappropriate indication of origin;

b) uses a designation which can be confused with an inappropriate indication

of origin;

c) creates a risk of deception by using a name, address or a mark in

conjunction with goods or services of foreign origin.

2) Any person who infringes the stipulations of Para. 1 in the course

of trade, shall be punished by imprisonment for a term of up to three

years. He shall be prosecuted by the public prosecutor.

Article 63 Contravention of regulations concerning manufacturers’ marks

Any person in the course of trade intentionally infringing manufacturers’

marks regulations, shall be punished by the Provincial Court for their

contravention by a fine of up to 20,000 Francs or, if the fine is not

collectable, by imprisonment for a term of up to three months.

Article 64 Suspension of proceedings

1) The Provincial Court can suspend penal proceedings if the accused proves

invalidity of the trade mark registration in a civil suit.

2) If the accused pleads in penal proceedings invalidity of the trade

mark registration, the Provincial Court can allow him a reasonable period

of time for asserting it in civil proceedings.

21

3) The time limit is suspended during the suspension.

Article 65 Responsibility

If acts of contravention are committed in the course of business of a

legal entity, a collective or a limited partnership or a single company,

the penalty provisions apply to those persons who have acted or should

have acted for them but with joint liability for the fines and costs of

the legal entity, the association/partnership or the single company.

Article 66 Confiscation of goods in penal proceedings

1) In cases of contravention of regulations,

a) goods which are the subject of the relevant proceedings and

b) objects which are used in or are intended to be used in the act of

contravention

can be confiscated. Provisions of Article 26 of the Penal Code apply.

2) The proceedings are governed by the stipulations of Articles 353 to

357 of the Penal Code.

Article 67 Forfeiture of proceeds

1) Proceeds from acts of contravention, regardless of to whom they belong,

can be declared as forfeited for the benefit of the State. Article 20

of the Penal Code applies.

2) The proceedings are governed by the stipulations of Articles 353 to

357 of he Penal Code.

C. Measures in the case of import and export

Article 68 Notice of suspect consignments

The appropriate body has the right to make the proprietor of a trade mark,

a person/body authorized to mark goods with an indication of the origin

of goods or a professional or industrial association which has the power

to take legal action in accordance with Article 54, aware of some

consignments when reasons exist to believe that goods illegally bearing

a trade mark or indication of origin are to be imported or exported.

Article 69 Application for assistance

1) If the proprietor of a trade mark, a person/body authorized to mark

goods with an indication of the origin of goods or a professional or

industrial association which has the power to take legal action in

accordance with Article 54 has reason to believe that goods illegally

provided with a trade mark or an indication of origin are to be imported

22

or exported, he/it can apply in writing to the appropriate body that the

release of such goods be refused.

2) The applicant must provide all information available to him which may

be required for a decision of the appropriate body; this includes a full

description of the goods.

3) The appropriate body makes a decision on the application. It may raise

a fee to cover the administrative costs.

Article 70 Withholding the goods

1) If, following an application submitted as in Article 69, the appropriate

body has justified reasons for believing that specific goods intended

forimportorexportareillegallyprovidedwithatrademarkoranindication

of origin, it will advise the applicant of this accordingly.

2) The appropriate body shall withhold the goods in question for a period

of up to ten working days from the date of communication as in Para. 1,

to allow the applicant to obtain an interim injunction.

3) In justified cases, the appropriate body can withhold the goods in

question for no more than ten further working days.

4) The appropriate body can make the withholding of goods dependent on

the applicant furnishing collateral if it is to be feared that damage

may be caused to the goods by withholding them.

5) The applicant must provide compensation for damage suffered by the

goods due to their being withheld if interim injunctions are not ordered

or prove to be unfounded.

Article 71 Jurisdiction; agreements under international Law

1) The appropriate body within the meaning of Articles 68 to 70 shall

be named by the Government by ordinance.

2) a) specific provincial administration offices;

b) third parties

can be instructed to attend to measures connected with the import and

export of goods.

3) Agreements under international Law are reserved.

23

IV. Transitional and Final Provisions

Article 72 Execution

The Government issues appropriate decrees to implement this Law.

Article 73 Annulment of existing Law

The following is hereby annulled:

a) Law dated 26 October 1928 concerning the protection of factory, trade

and service marks, indications of origin of goods and industrial

distinguishing marks, LGBl. 1928, No. 13;

b) Law dated 7 August 1952 dealing with the alterations to the Law concerning

the protection of factory, trade and service marks, indications of origin

of goods and industrial distinguishing marks, LGBl. 1952, No. 21.

c) Law dated 9 January 1964 dealing with the alteration to the Law dated

26 October 1928 concerning the protection of factory, trade and service

marks, indications of origin of goods and industrial distinguishing marks,

LGBl. 1964, No. 12.

d) Law dated 19 December 1985 dealing with the alteration to the Law

concerning the protection of factory, trade and service marks, indications

of origin of goods and industrial distinguishing marks, LGBl. 1986, No.

19.

Article 74 Deposited or registered marks

1) Marks deposited or registered on this Act coming into force are subject

to the new Law from this point in time.

2) However, departing from Para. 1, the following provisions apply:

a) Priority is governed by the old law.

b) The reasons for rejecting applications for registration, except for

absolute reasons, apply in accordance with the old Law.

c) The validity of a registration ends with the expiration of the period

applying in accordance with the old Law; it can be extended any time until

then.

d) The first renewal of registration of collective marks is subject to

the same formal requirements as registration.

Article 75 Marks not previously registerable

If any applications for registration are pending for marks which are barred

from registration under the provisions of the old but not the new law,

the registration date shall be the date of coming into force.

24

Article 76 Utility priority

Any person who was first to use a specific mark on goods or their wrapping

or packing or for distinguishing services before this Act comes into force

has greater entitlement to it than the first person registering it provided

he registers the mark within two years after this decree comes into force

whilst stating the time at which the mark went into use.

Article 77 Terminology

The expression “Factory and Trade Marks” is replaced in all decrees by

the term “Marks”.

Article 78 Coming into force

1) This Act comes into force on 31 March 1997, subject to the provisions

of Para. 2.

2) Articles 18 and 42, Para. 1c and Article 44, Articles 41 and 42, Para.

1a and b and Article 2 with reference to the Madrid Protocol shall come

into force after the ratification of the Trade Mark Law Agreement dated

27 October 1994 and the Protocol dated 28 June 1989 to the Arrangement

of Madrid on the international registration of marks in the Duchy of

Liechtenstein.

25


Législation Est remplacé(e) par (1 texte(s)) Est remplacé(e) par (1 texte(s))
Traités Se rapporte à (3 documents) Se rapporte à (3 documents)
Aucune donnée disponible

N° WIPO Lex LI077