(This text replaces the one previously published in MAY 1986 under the same code number)
LIECHTENSTEIN
(of October 26,1928, as amended by the Laws of
August 7, 1952, January 9, 1964, and December 19, 1985)*
| TABLE OF CONTENTS** | ||
|---|---|---|
| Sections | ||
| Chapter 1: Trademarks ......................... . | 1 to 17 | |
| Chapter 2: Indications ofSource . . . . . . . . . . . . . . . . . . . . . | 18 to 20 | |
| Chapter 3: References to Commercial Awards | ........... . | 21 to 23 |
(J,.~. __ . ' Chapter 4: Penal Provisions
Chapter 5: Final Provisions
1. Trademarks
1. The following shall be considered trademarks:
business names;
1 bis. The provisions relating to trademarks shall be applicable, mutatis mutandis, to service marks and establishments furnishing services which serve to distinguish or identify the origin ofservices, insofar as a similarity mayalso exist between products andgoods on the one hand and services on the other.
2. Liechtenstein business names used as marks shall enjoy, on entry in the Trade Register, the protection afforded by this Law.
*German title: Gesetz iiber den Schutz der Fabrik-, Handelsund Dienstleistungsmarken, der Herkunfts bezeichnungen von Waren und der gewerblichen Auszeichnungen.
Entry into force (of the Law of 1985): March 22, 1986.
Source: Liechtensteinisches Landesgesetzblatt, No. 13 of November 3,1928, No. 21 ofOctober 22, 1952, No. 12 ofFebruary 28, 1964, and No. 19 of March 22, 1986.
Note: For the text of the Implementing Ordinance, see Industrial Property Laws and Treaties, LIECHTENSTEIN -Text 3-002.
** Added by WI PO.
24 to 33 34 to 36
3. [Repealed]
Public armorial bearings or other signs that are to be
considered the property ofa State or ofa Liechtenstein
parish, incorporated in the mark of a private person,
shall not enjoy protection under the Law. The same
shall apply to signs that are to be considered common
property.
Statutory provisions stipulating that the incorporation ofpublic armorial bearings or other public signs in the mark ofa private person is altogether prohibited shall not be affected.
Signs that are contrary to public morality may not be incorporated in a mark.
The reproduction in a new mark of certain figures belonging to marks already deposited shall not exclude the new mark from the rights deriving from registration ifthose figures differ sufficiently from the mark already deposited and, taken as a whole, do not easily lead to confusion.
LIECHTENSTEIN -Text 3-001, page 001
The provision contained in the first paragraph ofthis Section shall not apply to marks intended for products and goods whose nature is totally different from that of those for which the mark already deposited is intended.
6bis. [Repealed]
7. Any person having a commercial interest in the products, goods and services for which the mark is intended may apply for the registration of marks; however, foreign applicants may only do so on condition that their State affords reciprocity of treatment for nationals of Liechtenstein and that a national agent has been appointed.
Depositors of marks having close commercial ties with each other may also apply for the registration ofthe same mark even for products, goods or services of the same nature, provided that the use ofthe mark does not result in misleading the public or in being contrary to public interest.
7bis. A collectivity having a commercial interest may, if it is a legal entity, apply for the registration of marks intended to distinguish the goods or services (collective marks) of its member enterprises.
The first paragraph shall apply, mutatis mutandis, to public law legal entities. As a rule, collective marks shall not be assignable. The Government may allow for exceptions.
The rights deriving from the registration of a collective mark may only be claimed by the association or legal entity under public law registered as the proprietor. These powers shall also include the prosecution of claims against a member for damages arising from infringement of the rights in the collective mark.
If the association or legal entity under public law tolerates that the collective mark be used in a manner contrary to its declared purpose or in a way liable to mislead the public, any person who can justify an interest may institute proceedings for cancellation ofthe mark.
Foreign associations established in accordance with the provisions of private or public law in the State in which they have their registered offices shall be entitled to deposit collective marks if such State affords reciprocity to Liechtenstein. and ifits marks are protected in that State.
7ter. A mark filed by a foreign proprietor (Section 7, first paragraph, items 2 and 3, Section 7bis, sixth paragraph) shall be accepted for registration even ifit differs from the registration in the country of origin if the difference concerns only unessential elements and does not change the overall impression given by the mark.
8. The protection deriving from registration of a mark shall last for 20 years as from the day ofits deposit with the Office for the National Economy.
The proprietor ofa mark may at any time request the renewal of the registration for the same duration. Renewal shall be subject to the payment ofthe same fee and to the same formalities as those provided for first registrations; however, a proprietor residing abroad whose mark complies with Liechtenstein law shall no longer be required on renewal to prove that the foreign State affords reciprocity to Liechtenstein.
When the renewal ofthe registration is not requested within six months, at the latest, ofexpiry ofthe term of protection, the registration shall be cancelled.
)
9. If the proprietor ofa mark has made no use ofit during three successive years, the court may order, at the request of an interested party, that the mark be cancelled unless the proprietor is able adequately to justify his failure to use it.
The first paragraph shall be applicable to collective marks ifthey are not used within the prescribed period oftime by the members ofthe collectivity for which they are intended.
If a mark is used by its proprietor in a form that differs from the registration in unessential elements only, cancellation ofthe mark may not be requested nor may the protection of the mark as used be restricted.
The use of a mark by a third party having commercial ties with the proprietor or by a licensee shall be considered use ofthe mark by the proprietor himself if the latter exercises control over the quality of the, products or services marked and ifthe use ofthe mark is not likely to mislead the public.
Exclusively for the purposes of the present Section, the use ofthe mark within the meaning ofthe preceding paragraph· on the territory of the Swiss Confederation, ofthe Republic of Austria and ofthe Federal Republic of Germany shall be considered use of the mark in Liechtenstein.
Trademark rights may be transferred without the enterprise, but only to a person authorized within the meaning ofSection 7. A mark may be transferred for a part only ofthe goods and services for which it is registered, provided that they are not similar to or identical with the goods and services ofthe part ofthe mark that is not transferred.
The transfer of a mark and the registration and cancellation of license rights shall be recorded in the register and published upon presentation of sufficient documentary evidence.
As long as the transfer of a mark has not been recorded and published, the trademark right may not be claimed before any court and all agreements concerning the mark that are registered as having effect against the proprietor ofthe trademark may be made enforceable as
I~=} against the person obtaining the title.
"'--:'/
12. Any person wishing to register a mark shall be required to deposit it with the Office for the National Economy.
The deposit shall comprise:
an application for registration ofthe mark stating the products or goods for which the mark is intended;
the mark or an exact reproduction thereof;
The Government shall issue provisions on any further requirements for the registration ofa mark. The Government may, in particular, stipulate a supplementary fee proportional to the extent of the list of goods.
Where a mark is accompanied by written data repro duced.in various languages, deposit and registration in a single language shall suffice for protection on condition that the overall impression created by the mark is not changed by the use of the differing texts.
13. The Government shall issue provisions on the keeping ofthe Register ofMarks for which the Office is responsible.
Registration shall be effected at the responsibility of the applicant. However, should it come to the knowledge of the Office that essential features of the mark are not new, it shall draw the fact to the attention ofthe applicant in a confidential manner, in response to which the latter may maintain, amend or withdraw his application.
l3bis. The following shall be excluded from registration as the trademark of a private person or as an element of such mark:
l. the armorial bearings ofthe Principality ofLiechtenstein and ofthe parishes, or flags that represent such armorial bearings, together with the characteristic elements thereof;
The prohibition of registration shall not extend to
reproductions or imitations ofinspection and warranty
marks or stamps that contain neither a public sign
referred to in item I ofthe first paragraph nor any other
State emblem of Liechtenstein, on condition that the
reproduction or imitation is intended to designate
products that are completely different from those for
which the genuine inspection and warranty marks or
stamps are intended.
The first and second paragraphs shall apply, mutatis
mutandis, to amorial bearings, flags and other emblems
or official inspection and warranty marks and stamps of
other States or to signs that are liable to be confused with
such signs if, and to the extent that, the State to which
the signs belong affords reciprocity to Liechtenstein for
similar signs. The prohibition of registration under
Section 14.2, below, shall be applicable.
14. The Office shall refuse registration of a mark:
l. ifthe conditions set out in Sections 7, 7bis and 12 and any further requirements in respect of registration stipulated by the Governement are not satisfied;
2~ ifthe mark contains as an essential element a sign deemed to be common property or if it is contrary to statutory provisions or to morality;
Marks are also contrary to morality ifthey contain, in particular,
LIECHTENSTEIN-Text 3-001, page 003
(c) or signs that may be confused with those signs, where the inclusion of such signs in a mark is liable to mislead as to geographical origin, value or other properties ofthe products to which the mark is to be affixed or concerning the business circumstances of the proprietor ofthe mark, in particular as regards alleged
official relationships to the community whose sign is con tained in the mark.
[Repealed]
16bis. The Government may order the ex officio cancellation of a mark registered contrary to Sections 13bis or 14, first paragraph, item I, or second paragraph.
Decisions ofthe Office for the National Economy in respect ofmarks, particularly refusal to register a mark, may be appealed to the Government within 14 days of notification.
17. Any person shall be entitled to request information or extracts from the Register from the Office for the National Economy and to have access to applications for deposit and their accompanying documents. However, the Office may only surrender such documents in response to a court order.
The Government shall lay down a reasonable fee for such communications and information.
2. Indications of Source
18. The name ofa town, locality, area orofa country thatgives a product its reputation shall be deemed to be an indication of source.
Each manufacturer or producer of such place, together with the purchaser of the product, shall be entitled to affix such name on a product.
It shall be prohibited to affix on a product an indication ofsource that does not correspond to the truth or to sell, offer for sale or market a product so designated.
19. Any person who resides in a place known for the production or manufacture of certain goods and who conducts trade in similar goods obtained from elsewhere may only affix his name, address or mark to such goods in conjunction with a clearly visible addition that makes it clear that the goods do not originate in that place.
20. The indication ofa product by means ofa place or country name that has taken on such a general nature that it is used in commercial language to indicate the type and not the source of the product shall not constitute a false indication of source within the meaning ofthis Law.
3. References to Commercial Awards
21. Such persons or firms who or which have obtained medals, diplomas, recompense or other distinctions ofany type whatsoever for their products at an exhibition or competition within the country or abroad shall alone be entitled to affix to their goods or the packaging thereof references thereto.
The same shall apply to references made to prizes, distinctions or recognition awarded by public administrations, learned societies and scientific associations.
4. Penal Provisions
(aJ any person who reproduces another's mark or imitates it in such a way that the public is misled;
INDUSTRIAL PROPERTY-JULY/AUGUST 1987 LAWS AND TREATIES
25. The offenses listed above shall be punishable by a fine ofbetween 30 and 2,500 francs or imprisonment ofbetween two days and haIfa year or both penalties at once.
In the event ofrepeated offenses, the penalties may be increased up to twice those amounts.
They shall not apply where the offense has been committed out ofsimple negligence, whereby civil law damages shall remain unaffected.
26. Whosoever wrongly places on his mark or business papers a statement suggesting that the mark has in fact been deposited;
whosoever places without entitlement indications of source or statements in respect of commercial awards on his business signboards, advertisements, prospectuses, invoices, business letters and business papers or who fails to make the statements prescribed in Section 22;
shall be punished, either ex officio or in a private action, by a fine of between 30 and 1,000 francs or imprisonment for a term ofbetween two days and two months, or both.
These penalties may be increased to twice the above amounts in the case of subsequent offenses.
27. Civil or penal proceedings may be instituted:
28. Penal proceedings may be instituted in Liechtenstein if the offense has been committed in the country or ifthe defendant has his place ofresidence in: the country or a Liechtenstein mark or indication of source has been infringed. The same offense may not be the subject of more than one penal procedure.
Civil and penal proceedings cannot be instituted in
respect ofacts that have taken place prior to registration
of the mark.
Proceedings shall be barred two years after the day of the last offense.
29. Civil disputes arising under this Law shall be heard by the District Court [Landgericht}.
Appeals shall be addressed directly to the Supreme Court irrespective of the value in litigation.
Even in the event of an acquittal, the Court shall order the destruction of the prohibited marks and, as appropriate, any goods to which such marks are affixed, their packaging or wrapping and the tools and equipment that have served to make the imitation.
32. Revenue from fines shall be paid into the National Paupers Fund.
The sentence shall stipulate that if the fine is not paid, it shall automatically be converted into a term of imprisonment on the basis of one day's imprisonment for each 15 francs of fine.
33. On presentation ofa final judgment, the Office shall cancel the illegally registered or invalidated mark.
Cancellation shall be published in accordance with the second paragraph of Section 15.
5. Final Provisions
34. Those provisions ofthis Law applicable to indications ofsource and references to commercial awards
LIECHTENSTEIN -Text 3-00 I, page 005
shall not apply, even ifthe mark itselfis protected under Section 7 or 7bis, to nationals ofStates that do not o~er reciprocity in respect thereof and who are not resident 10 Liechtenstein.
The Government ofthe Principality shall be responsible for its implementation.
* * *
Law of December 19, 19851
III. In any law and any regulation, the expression "Office of Intellectual Property" [Amt fur Geistiges Eigentuml shall be replaced by "Office for the National Economy" [Amt fiir VolkswirtschaftJ.
In any law and any regulation, the expression "products or goods" shall be understood as including "services."
I Provisions not incorporated in the above text.