Trade and Service Marks

– Law of December 12, 1996 (LGBI. No. 60/1997) in its current version.
– Ordinance of April 1, 1997 (LGBI. No. 77/1997) in its current version.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 14, 1933.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, since July 14, 1933.
– Madrid Agreement Concerning the International Registration of Marks, since May 29, 1967.
– Nice Agreement for the International Classification of Goods and Services, since May 29, 1967.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 21, 1972.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 17, 1972.
– Protocol Relating to the Madrid Agreement, since March 17, 1998.
– WTO’s TRIPS Agreement, since September 1, 1995.
– Trademark Law Treaty, since March 17, 1998.
– Singapore Treaty on the Law of Trademarks, since March 3, 2010.

Filing

Applicant: anybody.

Foreigners and nationals with domicile or branch in Switzerland or the EEA: must appoint a local authorized recipient.

Foreigners and nationals without a domicile or branch in Liechtenstein, Switzerland or the EEA: must appoint a representative who is either established in Liechtenstein or who has the right to temporarily pursue the profession of a lawyer or a patent attorney in Liechtenstein. 

Trademarks of foreigners: no special provisions.

Registration: has constitutive effect; the trademark rights exist from the date of registration; the first applicant is entitled to the trademark rights.

Admitted for registration: signs suitable to distinguish goods or services of a firm from those of other firms; marks can be especially words, letters, numbers, pictures, sounds, three-dimensional forms or combinations of such elements or with colors.

Not registrable: especially commonly used signs unless they are generally accepted as marks; forms which result exclusively from the nature of the goods themselves or forms which are technically necessary; misleading signs; signs offending good morals; signs having a public crest or emblem as an essential element; the Red Cross or the words “Red Cross”; the Olympic flag and the Olympic rings; national flags.  Names or portraits: registrable.

Names or portraits: registrable.

Guarantee and collective marks: registrable.

Famous marks: can obtain protection even for goods and/or services not used by the owner.

Priority: date of filing or of Convention priority.

Classification: international.

Multiple class applications: filing an application including more than one class of goods and/or services is possible.

Amendment of application: possible.

Territory covered: Principality of Liechtenstein.

Filing requirements for an application (to be sent to resident agent):
1. Completed and signed application form;
2. The mark (word mark or label) and the list of goods and services for which the mark should be protected;
3. The trademark shall be presented in such a manner that the competent administrative or judicial authorities and the public can clearly and unambiguously determine the subject matter of the protection granted; the size of the label must not exceed 8 x 8 cm; if in color, the corresponding color or color combination needs to be specified;
4. Proof of payment of the registration fee;
5. Power of attorney, signed by the applicant (when applicable and only upon request);
6. Priority document (when applicable), the priority document must be filed within six months from the date of filing, otherwise the priority claim expires.

Filing without one or more requirements: possible, no deadline for submitting the missing documents after the filing date; deadline can be set by the Office.

Filing without power of attorney: possible, no deadline for submitting after the filing date; deadline can be set by the Office.

Filing without any requirements (telegraphic order): not possible; it is at least required to submit the original application form.

Filing of certificate of priority: necessary.

Electronic filing: applications must primarily be submitted via the online portal of the Liechtenstein competent authority (Amt für Volkswirtschaft, Office of Economic Affairs).

Electronic signatures: are accepted if created with "eID.li".

Examination Procedure

Examination: as to form, whether all the necessary documents have been submitted; as to the mark itself, especially whether it does not contain common elements, offend good morals, and is not misleading.

Disclaimers: available.

Letter of consent: not accepted.

Correction of registration: possible; amendments considered to enlarge the application lead to postponement of the filing date.

Appeal: possible within thirty days from notification by the Office.

Application kept secret: not possible.

Provisional registration: not possible.

Publication: eAmtsblatt (electronic gazette of the Liechtenstein National Administration).

Opposition: the proprietor of an earlier trademark may file a written notice of opposition against the registration of a trademark with the Office of Economic Affairs within three months after the publication of the mark. The notice of opposition may also be filed by persons entitled to assert rights arising from an earlier protected designation of origin or geographical indication. The notice of opposition must be filed in writing with the Office of Economic Affairs within three months after the publication of the registration of the trademark, stating the grounds for the opposition. The opposition fee must also be paid within this period.

Granting

Delivery of document: the applicant receives a document (in paper format only) concerning the registration; usual delay is two weeks in case of national registration and one month in case of international registration.

Beginning of protection: from the date of filing.

Duration: ten years.

Renewal: always possible for a period of ten years; petition to be made prior to expiry of term of duration.

Latest term for renewal: within six months after expiry.

Compulsory character of registration: a trademark can only be protected by the authorities if it is filed and registered in accordance with the law.

User rights: the owner of the trademark, as long as the trademark is duly registered, excludes use of the trademark by third parties.

Obligation to use: compulsory; if the trademark has not been used for five consecutive years, third parties may contend non-use; burden of proof for use is on the owner; use in Switzerland or the E.E.A. is equivalent to use in Liechtenstein.

Marking of registered goods: not compulsory.

Text of marking: “Eingetragene Marke” (registered trademark).

Modification of the mark: not possible.

Changes in the list of goods: possible only in the case of a reduction of listed goods.

Licenses: possible.

Assignment: possible with or without the business or a branch of it.

Modification of Protection after Registration

Rights of prior user: provided for.

Compulsory licenses: no provision in the law.

Expropriation: no provision in the law.

Revocation or declaration of invalidity: the registration of a trademark may be revoked on request if, within a continuous five-year period, it has not been put to genuine use in connection with the goods or services in respect of which it is claimed, and there are no proper reasons for non-use. The registration of a trademark may be declared invalid on request if, the trademark should not have been registered because it does not comply with the requirements provided for in Article 2 of the Trademark Protection Act (absolute grounds for exclusion) and the trademark should not have been registered because of the existence of an earlier right within the meaning of Article 3 of the Trademark Protection Act (relative grounds for exclusion). The application for revocation or for a declaration of invalidity shall be submitted in writing to the Office of Economic Affairs. The facts and evidence serving as grounds shall be stated.

Validation of invalidated marks: possible if use is resumed.

Registration of invalidated marks: a lapsed trademark may be registered for the same goods by a person other than the former owner.

Infringement and penalties: penal and civil action can be brought against the infringer.

Appellations of Origin

Definition: appellations of origin are direct or indirect references to the origin and geographical provenance of the goods or services.  

Effect: everybody may use an appellation of origin if the provisions provided by the law for the use of appellations of origin are abided. It is prohibited to use an appellation of origin if the appellation of origin is wrong or if the appellation is capable of being confused with an appellation of origin which is wrong. Furthermore, it is prohibited to use a name, a registered company name, an address or a trademark in connection with goods or services of foreign origin, if the use may cause confusion. The origin of goods is determined by the place of production or by the origin of their raw material or components. Possible additional requirements as manufacturing principles and quality requirements which are customary at the place of origin or which are prescribed by law at the place of origin have to be abided. The origin of services is determined by the place of the registered office of the person who provides the service. The registered office and the effective place of administration have to be in the same country.  

Infringement and penalties: penal and civil action can be brought against the infringer. In case of a civil action, the user of an appellation of origin has to prove that it is correct.