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- Title
Is a National Court Competent to Introduce a Disclaimer into a Trade Mark Registration? The Latvian Supreme Court Finally Says 'No'.
- Authors
ROZENFELDS, JĀNIS; MANTROV, VADIM
- Abstract
It was a longstanding practice of Latvian courts to acknowledge their competence to introduce a disclaimer into a challenged trade mark registration. This had come to be considered as settled court practice. However, the Latvian Supreme Court recently decided to withdraw this practice and explicitly admitted a change of approach concerning the competence of Latvian national courts to introduce a disclaimer into a trade mark registration. In this way, the Latvian Supreme Court finally abolished a disputable practice in the Latvian courts, having formerly allowed themselves to introduce a disclaimer which could - by way of a misunderstanding of trade mark law - be introduced by a court in addition to a trade mark applicant and the Patent Office. The consequences of this Latvian case have led to the situation that only a trade mark applicant may - either on their own initiative or following a request from the Patent Office - introduce a disclaimer into a trade mark registration. This opinion discusses the situation which existed before the Latvian Supreme Court judgment in question and its consequences.
- Subjects
TRADEMARK laws; TRADEMARK application &; registration; PATENT offices; APPELLATE courts; LATVIANS
- Publication
GRUR International: Journal of European & International IP Law, 2021, Vol 70, Issue 8, p760
- ISSN
2632-8550
- Publication type
Article
- DOI
10.1093/grurint/ikab084