Registering a trademark in Liechtenstein is mandatory in order to obtain the right to a trademark, as this is the country where the “first to file” principle is applied. Only in exceptional cases can an unregistered trademark be protected. Trademark applications must be filed with the Liechtenstein Intellectual Property Office (LIPO).
Liechtenstein is also a party to the Madrid Protocol. Therefore, it is possible to renew the international registration of the mark through the Madrid System in this country.
It is not necessary to use a trademark to register it in Liechtenstein.
Requirements when filing a trademark application in Liechtenstein
An application for “registration of a trademark” in Liechtenstein must contain the following information: a request for registration of the mark in Liechtenstein, information on the trademark representation, information about the applicant(s), a list of goods and/or services registration, power of attorney if the trademark application in Liechtenstein is filed by an intellectual property agent, priority document (if priority is required).
Note: Power of attorney does not need to be notarized and must be original. International trademark applicants do not need to register additional trademarks in Liechtenstein.
Stage of examination, publication, and objection to trademark applications in Liechtenstein
Trademark applications in Liechtenstein will go through a formal examination and check for distinctiveness from previously registered trademarks. This process will take approximately 4-6 months from the date of the first application. After successfully passing the due diligence process, the trademark application is published in the trademark magazines “Liechtensteiner Vaterland” and “Liechtensteiner Volksblatt”, with the aim of making it possible for third parties interested in the mark to object to the application, if the mark under the application is identical or similar to their own.
The deadline for filing an objection to a trademark application in Liechtenstein is three months from the date the application is published. Any third party who feels that his or her rights have been infringed can also file an objection to that trademark.
Term of validity and renewal of trademark
The registration fee must be paid within three months of receiving notification from the Liechtenstein Patent and Trademark Office. Trademarks in Liechtenstein are valid for ten years from the date of registration and may be renewed for a further ten-year period.
Renewal requests will be filed with the Liechtenstein Patent and Trademark Office within a period of six (6) months prior to the expiration date of the trademark or after a six (6) month extension period with the business having to pay an extra late renewal fee. An expired trademark cannot be reinstated after the expiration of the above grace period.
Usage requirements
The registration of a trademark in Liechtenstein may be annulled by a court at the request of a third party if the trademark is not used continuously for five years after its registration.
Represented by a trademark attorney
For foreign applicants, a trademark search in Liechtenstein should be performed through a law firm, a Liechtenstein trademark registration attorney.