A trademark can hold immense value, consider Apple, Google or Amazon for example. Trademarks are a distinguishing feature for goods or services of companies and can set a company apart from its competitors. It is therefore important to protect your own brand as best as possible.
First of all, of course, the question arises as to what a trademark is. According to the trademark protection law applicable in Liechtenstein, a trademark is a sign which is suitable for distinguishing the goods or services of a company from those of other companies. Trademarks can be, in particular, words, letters, numbers, pictorial representations, three-dimensional shapes or combinations of such elements with each other or with colors. They provide recognition value, influence the overall image of a company and can also inspire trust. The importance of brands should therefore not be underestimated.
It is therefore important to adequately protect your own trademark. Trademark protection gives the owner of the trademark the exclusive right to use and dispose of the trademark to identify goods or services. In addition, the trademark owner may, under certain circumstances, prohibit others from using an identical or similar trademark for identical or similar goods or services.
The trademark right arises with the registration in the trademark register and belongs to the person who first filed the trademark. Before a trademark is to be registered, it is therefore advisable to check in the relevant registers whether such or a similar trademark already exists. This could in particular avoid subsequent trademark disputes. In order to register a trademark, a corresponding application must then be filed with the competent authority and the applicable fees must be paid. The competent authority checks whether the requirements for registration are met. For example, the application for registration will be rejected if, among other things, misleading signs or signs that are contrary to public order or morality are used. If, on the other hand, the legal requirements are met, the trademark is entered in the trademark register.
In principle, once the trademark has been registered, the
trademark owner is entitled to the above-mentioned trademark
protection. The registration is valid for ten years from the date
of filing, but can also be extended. However, it must be remembered
that the trademark should also be used, especially since non-use
can have negative consequences.
What are the practical options if your trademark rights have been
infringed? The Liechtenstein Trademark Law has its own provisions
regarding legal protection. For example, in the event of a
trademark infringement, criminal proceedings may be initiated at
the request of the infringed party; the Princely District Court
will punish with imprisonment of up to one year or with a fine of
up to 360 daily rates anyone who intentionally infringes the
trademark rights of another party, for example by appropriating the
trademark of another party or by copying or imitating it. However,
trademark infringements could also result in civil proceedings; the
Princely District Court can, among other things, prohibit an
imminent infringement or remedy an existing infringement. Likewise,
damages could be claimed under certain circumstances, depending on
the individual case.
It should be noted that all of the above statements refer to Liechtenstein trademark law and registration in the Liechtenstein trademark register. This is to be distinguished from an international filing or a Europe-wide filing of a trademark. In order to obtain trademark protection also in other countries, various ways are open, depending on the individual case and desire.
In summary, it follows from the above that registering a trademark can save both costs and effort. Not only does it bring the freedom to trade under the trademark, but also the option to profit efficiently with the trademark. In any case, it is advisable to seek legal advice in order to properly register a trademark and to efficiently resolve any trademark-related disputes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
